Category Archives: Tort Law

Sandra F. Sperino, The Tort Label

Courts and commentators often label federal discrimination statutes as torts. The tort label leads to reasoning that is superficial and not transparent about its motivations and goals. Courts do not engage in nuanced discussions about the kind of reasoning they … Continue reading

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Alex B. Long, The Forgotten Role of Consent in Defamation and Employment Reference Cases

As has been well documented, the fear of defamation suits and related claims lead many employers to refuse to provide meaningful employment references. However, an employer who provides a negative reference concerning an employee enjoys a privilege in an ensuing … Continue reading

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Daniel J. DiMatteo, To Enforce a Privacy Right: The Sovereign Immunity Canon and the Privacy Act’s Civil Remedies Provision After Cooper

In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District … Continue reading

Posted in Civil Rights Law, Labor & Employment Law, Tort Law | Comments Off

Laura M. Beard, Small Claims, Big Recovery: Proposals For Settlement in Florida’s Small Claims Courts Post-Nichols

After a debilitating car accident left Shannon Nichols injured and saddled with nearly $10,000 in medical bills, she sought only one thing—a road to recovery. Instead, Nichols faced a harrowing reality—after turning down a proposal for settlement from her insurer and losing … Continue reading

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John Terwilleger, Can A Professional Limit Liability Contractually Under Florida Law?

Florida law is currently unclear on the issue of whether a professional may rely upon a limitation of liability clause in a professional services contract. Limitation of liability clauses are common in business contracts, especially in construction, a field that includes many professionals such … Continue reading

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Allison Fischman, Case Comment: Preserving Legal Avenues For Climate Justice In Florida Post-American Electric Power

64 Fla. L. Rev. 295 (2012)|

Posted in Constitutional Law, Energy & Utilities Law, Environmental Law, Tort Law | Comments Off