Third Edition - What's New

5 NEW CHAPTERS

 

Amusement Parks

Liability of Operator

Liability for Punitive Damages

 

Conflict of Laws in Tort Cases

Generally

 

Federal Employers’ Liability Act (FELA)

Generally – Liability

 

Interference with and Mishandling Human Remains

Generally

Damages

Who is Entitled to Maintain Action

 

Negligent Bailment

Generally

 

73 NEW SECTIONS ADDED TO EXISTING CHAPTERS

 

Animals

            Harboring Wild Animals

 

Attorney’s Fees

            Apportionment of Fees in Cases with Workers’ Compensation Subrogation Interest

Contingency Fees

 

Bad Faith Failure of Insurer to Pay First Party Claim (Statutory Cause of Action)

            Effect of Misrepresentation by Insured in Proof of Loss

            Necessity of Giving Notice of Intention to Seek Penalty

 

Causation

            Loss of Chance

 

Comparative Fault

            Allocation of Fault to Defendant Dismissed Before Trial

 

Confidential Relationship

            Difference Between Fiduciary Relationships and Confidential Relationships

 

Conspiracy

            Conspiracy is Not a Cause of Action

 

Damages

            Collateral Source Rule

            Damage Award in Excess of Ad Damnum

            Damages in Cases Involving Death of Spouse or Parent

            Impact of Death of Plaintiff After Verdict

            Loss of Consortium Claim for the Death of a Child

            Loss of Consortium (Personal Injury Cases)

            Mitigation of Damages

 

Duty

            Duty of Railroad to Maintain Visibility at Crossings

            Duty of Teachers and Schools

 

Expert Witnesses

            Adequacy of Expert Witness Disclosure

            Limited Use of Discovery Deposition of Experts

 

Fraud

            Duty to Disclose

            Reasonable Reliance

 

Governmental Tort Liability Act

            Duty of Teachers and Schools

            Limitation of Actions for Claims by Minors

            Qualified Immunity

 

Gross Negligence

            Definition of Gross Negligence

            Gross Negligence and Exculpatory Clauses

            Impact of Gross Negligence on Comparative Fault Allocation

            Punitive Damages Not Permitted in Cases Where Defendant is Grossly Negligent

 

Imputed Negligence

            Imputation of Fault from Vehicle Driver to Vehicle Passenger

            Imputing Negligence in Case Where Member of Association Sues Association

 

Invasion of Privacy

            Appropriation of Another’s Name or Likeness

False Light Invasion of Privacy – Application of Privileges, Assignment of False Light Claims, Damages for False Light Claims, Limitation of Action

Publicity Given to Private Facts

 

Limitation of Actions

            Applicability to Counterclaims and Crossclaims

            Death of a Minor

 

Liquor Liability

            Claim by Adult Alcohol Consumer Against Seller of Alcohol

            First Party Claim Against Bar for Furnishing (Not Selling) Alcohol to Minor

 

Medical Negligence

            Certificate of Good Faith Requirement

            Collateral Source Rule

            Contiguous State Rule – Application to Causation Witnesses, Waiver

            Corporate Liability Doctrine

            Causation Expert Need Not Know Standard of Care

            Discovering the Standard of Care from the Defendant Doctor

            Loss of Chance

            Peer Review Statute Privilege

            Pre-Suit Notice Requirement

 

Motor Vehicle Cases

            Driving with Obstruction to Vision

            Imputation of Fault from Vehicle Driver to Vehicle Passenger

            Police Reports

            Sudden Loss of Consciousness or Physical Capacity

Uninsured Motorists Cases – Prejudgment Interest, Postjudgment Interest, Service of

Process

 

Negligent Misrepresentation

            Duty to Disclose

            Reasonable Reliance

 

Nuisance

            Limitation of Actions

            Statute of Repose

 

Premises Liability

            Impact of Recreational Use Statute

            Impact of the Statute of Repose for Improvements to Real Property

            Open and Obvious

 

Products Liability

            Causation in Products Liability Cases

            Claim Against Manufacturer of Alcohol

 

Punitive Damages

            Allowable in Breach of Warranty Claim

 

Subrogation

            Effect of Uninsured Motorist Coverage Recovery on Workers’ Compensation

            Subrogation Interest

            Hospital Liens

 

Vicarious Liability

            Circumstances When Principle if Not Liable for Acts of Agent

 

Wrongful Death

            Impact of Grant of Durable Power of Attorney on Statute of Limitations

            Limitation of Actions – Death of a Minor