| The Fellow-Servant Rule |
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| Traditionally, the “fellow-servant rule” barred an employee’s personal injury action against his or her employer if the employee’s injury was caused by a co-worker. More… |
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| Causing a Spouse to Separate from or to Refuse to Return to Another Spouse |
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| Under the common law, there existed a tort for causing a spouse to separate from or to refuse to return to another spouse. Although most states have enacted statutes that have abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort.More… |
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| Federal Volunteer Protection Act — Punitive and Noneconomic Damages |
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| The federal Volunteer Protection Act (VPA) limits punitive damage awards against volunteers in cases in which they are not immune from liability. More… |
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| Damages in Different Types of Lawsuits |
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| Damages are awarded to an injured party who suffers harm, loss, or damage as a result of a defendant’s intentional or negligent conduct. The type of lawsuit brought depends upon the nature of the harm, loss, or damage caused, and the type of damages awarded depends upon the type of lawsuit brought. More… |
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| Duty of a Correctional Facility to Prevent Suicide |
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| Jails, prisons, and other types of correctional or detention facilities have a legal duty to ensure the safety of their inmates. This duty arises because the facility has actual physical custody of and control over its inmates. As part of this duty, the facility has a limited duty to prevent its inmates from committing suicide while in custody. More… |
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Kaplan & Miller, P.A. 