Torts

Most recent CASE briefs

In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921)

Procedural History: The owners of a ship sought to recover damages from defendants who chartered the ship. Arbitrators decided that owners were entitled to recover the full loss (...

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Hymowitz v. Eli Lilly & Co.

Procedural History: Plaintiffs appeal in the context of summary judgment motions dismissed because the plaintiffs could not identify the manufacturer of the drug that allegedly injured them. The trial court denied all motions and allowed cross motions dismissing defenses that act...

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Matsuyama v. Birnbaum (Mass. 2008)

Procedural History: A jury found that the defendant physician’s negligence deprived the plaintiff’s decedent of a less than even chance of surviving cancer. The jury found for plaintiff after hearing expert testimony estimating the lost chance that Matsuyama had due t...

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Zuchowicz v. U.S. (2nd Cir. 1998)

Definitions:

Post hoc, ergo propter hoc – logical fallacy that one former thing caused the latter

Procedural History: This action arose under the Federal Tort Claims Act (FTCA) based on CT law. Defendant admitted doctors negligently d...

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Stubbs v. City of Rochester (N.Y. 1919)

Procedural History: Plaintiff alleges negligence in allowing drinking water to get contaminated, which then caused plaintiff to contract typhoid fever. Trial judge granted a nonsuit, which was upheld by the Appellate Division due to counsel’s argument that the evidence fail...

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