| The Eggshell Skull Rule |
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| Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected. More... |
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| Damages in Different Types of Lawsuits |
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| Damages are awarded to an injured party who suffers harm, loss, or damage as a result of a defendant's intentional or negligent conduct. The type of lawsuit brought depends upon the nature of the harm, loss, or damage caused, and the type of damages awarded depends upon the type of lawsuit brought. More... |
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| Federal Tort Claims Act -- Scope of Employment |
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| The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose. More... |
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| Unusual Defenses to Defamation |
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| 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... |
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| Federal Volunteer Protection Act -- Additional Liability Issues |
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| The federal Volunteer Protection Act (VPA) grants civil immunity to a volunteer who harms a person while performing services for a nonprofit organization or governmental entity. However, the VPA does not grant immunity to the nonprofit organization or governmental entity. Therefore, the VPA does not prohibit the person who has been harmed by the volunteer from filing a lawsuit against the organization or entity. More... |
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