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The mother of Payton Wasson — a 22-year-old Nampa man shot and killed by Boise police this summer — has filed a tort claim against the city and is seeking millions in damages for the death of ...
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
Tracing – A process whereby a court identifies the proceeds of a tort for the purpose of assessing compensation. Detinue – An action for the wrongful detention of goods, initiated by an individual who claims to have a greater right to their immediate possession than the current possessor or holder.
Restitutio ad integrum is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed.
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[4] Courts had been reluctant to accept a tort for emotional harm for fear of opening a "wide door" to frivolous claims. [5] A change first occurred in the Irish courts, which repudiated the English railroad decision and recognised liability for "nervous shock" in the Byrne (1884) and Bell (1890) cases. [6]
A toxic tort claim is a specific type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical or dangerous substance caused the plaintiff's injury or disease. Place of exposure
A mass tort is a civil action involving numerous plaintiffs against one or a few defendants in state or federal court. The lawsuits arise out of the defendants causing numerous injuries through the same or similar act of harm (e.g. a prescription drug, a medical device, a defective product, a train accident, a plane crash, pollution, or a construction disaster).