Torts2023-materials

Harper v. Herman “The Boat Owner in Shallow Water” Sidenote: Don’t write like this On Sunday, August 9, 1986, Jeffrey Harper (“Harper”) was one of four guests on Theodor Herman’s (“Herman”) 26-foot boat…

Should we write like this? On Sunday, August 9, 1986, Jeffrey Harper (“Harper”) was one of four guests on Theodor Herman’s (“Herman”) 26-foot boat… We treat our reader like a big, golden baby.

Exercise You are a Supreme Court Justice in the State of Loyola Supreme Court, hearing a case on appeal. Your small group represents the entire Loyola Supreme Court. How do you rule?

Toxic Harms Why is the tort system such a poor fit? Three frequent problems: Identification of the cause: Can’t be certain that the toxin was a “but for” cause Boundaries of the harm: Can’t be certain of the extent of the harm Source of the cause: Can’t be certain who in particular is responsible Mass Torts A procedural story in two parts: The Supreme Court killed the mass tort class action

Last night, a friend from law school reminded me of this text I sent him back when we were in law school were studying for finals… —

Today’s Agenda Hammontree v. Jenner ENORMOUS DISCLAIMER! Before you begin: Connect with your purpose. Discern your immediate goal. Why take this preliminary step? Connecting to a purpose makes the work easier and more fulfilling.

Structure for this Part of the Course Intentional Torts: — Battery — Assault — False imprisonment — Intentional infliction of emotional distress Defenses: — Consent — Self-defense — Defense of property — Necessity

No class on Friday Office Hours Today from 12pm to 1pm Student Evaluations At end of class, from 9:50am to 10:00am Structure Intentional Torts: — Battery — Assault — False imprisonment — Intentional infliction of emotional distress

But first… Hershovitz v. Speedy Pete’s Pizza Pies Arguments Reflections Questions Outlining Goals for reading cases Grasp the internal logic and mechanics of the case.

Typical Negligence Case  Medical Malpractice Case  Sheeley v. Memorial Hospital Geography & Experience In medical malpractice, the ultimate question is still: