Web17 hours ago · They fear adopting that argument could open the floodgates to a wave of politically charged lawsuits. The case also raises questions about the power of federal courts to wade into drug approvals ... http://www.ocerint.org/intcess17_epublication/papers/161.pdf
Tort Law: Protect Against The Floodgates: Free Quality Solution
WebAug 3, 2024 · Each version of the floodgates argument mentioned in the body text may, in fact, appear in at least three forms: (i) where it is anticipated that the flood of lawsuits … WebAug 24, 2024 · The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused … biological weathering definition
Understanding the Effects of the Floodgates Argument On Cases ...
WebMar 1, 2024 · Second, this is an argument raised every time there is any development in the law that evens the playing field so as to make the proceedings fairer to defendants. Professor Blume and his colleagues have analyzed this carefully in the context of Atkins claims, concluding that “ Atkins has not opened floodgates of nonmeritorious litigation ... WebApr 11, 2024 · Alex Ebert. Reinstating Iowa’s ban on abortions after six weeks would “open the floodgates” for new lawsuits over past court orders every time constitutional interpretations change, abortion providers argued Tuesday. Abortion opponents are asking Iowa’s Supreme Court to reinstate a 2024 ban after fetal heart activity is detected without ... The floodgates principle, or the floodgates argument, is a legal principle which is sometimes applied by judges to restrict or limit the right to make claims for damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical "floodgates" to large … See more The core of the principle was enunciated by the then-Chief Justice of the New York Court of Appeals (later Associate Supreme Court Justice) Benjamin N. Cardozo in Ultramares Corp. v. Touche (1932) 174 N.E. 441 as the risk … See more In English law the first recorded reference to the floodgates principle was in 1888 in Victorian Railway Commissioners v Coultas That case involved a pregnant woman (the claimant) whose husband had driven onto train tracks at a level crossing, and due to the … See more In Hill v Chief Constable of West Yorkshire the House of Lords had to consider a claim by Jacqueline Hill, the last victim of Peter Sutcliffe (a … See more • Floodgate effect See more Pure economic loss cases have also felt the strong influence of the concerns of the courts in relation to the floodgates principle. The See more Judicial concern has also been expressed about potential liability for negligent misstatements. Unlike physical acts, a negligent statement may be relied upon by a great many … See more The floodgates principle is by no means a principle of universal application. The courts have, on occasion, been prepared to uphold claims notwithstanding that they recognise that the effect of a decision will most likely result in a large amount of … See more bitcoin is a prominent example of a n