Newsletters

Proving Defamation Damages

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages.

Personal Injury Actions between Spouses

When spouses commit torts against each other, a cause of action may or may not be available to the injured spouse. It depends upon the jurisdiction and the type of injury.

The Tort Definition Debate

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Although tort law is a major kind of law, among many legal scholars there is no generally agreed definition of the word "tort." This article discusses the tort definition debate.

The Longshore and Harbor Workers' Compensation Act - Death Benefits

If a maritime employee's death was caused by a work related injury, the employee's widow, widower, or other eligible survivor may recover death benefits under the Longshore and Harbor Workers' Compensation Act. The widow, widower, or survivor may also recover funeral expenses of up to $3,000.

Tort Law versus Criminal Law

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses some of the distinctions between tort law and criminal law.