Browsed by
Tag: liability

Abuse of Contract and the July 2020 Bar Exam

Abuse of Contract and the July 2020 Bar Exam

This summer, the Kansas Board of Law Examiners (KBE) is demanding that all examinees sign a statement that they have “voluntarily” assumed COVID-related risks before they sit for the July 2020 bar examination. According to the July 2020 Kansas Bar Examination Examinee Code of Conduct Agreement (KS Code of Conduct Agreement) recently distributed by the KBE, if an examinee fails to sign and return the KS Code of Conduct Agreement by July 15, “the examinee will not be allowed to…

Read More Read More

Your Right to Sue, Goodnight!

Your Right to Sue, Goodnight!

Comments 0 Comment

Oh, the sun shines bright on my old Kentucky home‘Tis summer, the old folks are gayWhere the corn top’s ripe and the meadow’s in the bloomWhile the birds make music all the day Weep no more, my ladyOh, weep no more todayWe’ll sing one songFor my old Kentucky homeFor my old Kentucky home, far away Well the young folks roll all around the cabin floorThey’re merry, all happy and brightBy-and-by hard times will come a-knocking at my doorThen my old…

Read More Read More

Protecting Our Health Care Providers from Liability in a Pandemic

Protecting Our Health Care Providers from Liability in a Pandemic

While COVID-19 creates profound medical concerns for health care providers, it also creates fear of potential lawsuits. Clinicians are forced to ration scarce resources, such as ventilators, when there is an inadequate supply. Medical professionals describe chaos in hospitals that makes it extremely difficult to treat all patients appropriately. Patients have had elective surgeries postponed indefinitely. Worse yet, some, including cancer patients, have had essential operations cancelled. All of these circumstances could lead to serious patient harm and subsequent litigation….

Read More Read More

Accountability (or Lack Thereof) of Corporate Officers and Directors

Accountability (or Lack Thereof) of Corporate Officers and Directors

The following piece is a part of NULR of Note’s “Bring Back The ‘90s” initiative, aimed at exploring the evolution of legal thinking over the past three decades. For more, click here. In assessing the liability of corporate actors, courts have fairly consistently resolved contests of doctrine in favor of corporate law principles as opposed to tort law principles.  Corporate law traditionally protects officers and directors from personal liability for tortious acts committed in their corporate roles unless they actively…

Read More Read More

Limited Liability and the Efficient Allocation of Resources: Twenty-Five Years Later

Limited Liability and the Efficient Allocation of Resources: Twenty-Five Years Later

The following piece is a part of NULR of Note’s “Bring Back The ‘90s” initiative, aimed at exploring the evolution of legal thinking over the past three decades. For more, click here. In Limited Liability and the Efficient Allocation of Resources, 89 Nw. U. L. Rev. 140 (1994), I responded to a chorus of scholars who suggested that limited liability for corporations had outlived its usefulness—a thesis that was based in large part on the mistaken assumption that limited liability…

Read More Read More