| Alternative Causes of an Injury |
| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury.More... |
| Unusual Defenses to Defamation |
| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses two unusual "defenses" to defamation, the insubstantial but practical defense of I-dare-you-to-sue, and the real but rare defense of consent.More... |
| Federal Teacher Protection Act -- Applicability |
| The federal Teacher Protection Act (TPA) applies to teachers, instructors, principals, administrators, school board members, and other educational professional or nonprofessional employees who work in a school and are called upon to maintain discipline or ensure safety.More... |
| Liability of a Cruise Ship for Emotional Distress Claims |
| Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers. More... |
| The Fellow-Servant Rule |
| 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... |
Marvin Gros
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