Personal Injury Newsletters
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 fifth element for defamation of a public official or public figure.
It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.
The Longshore and Harbor Workers' Compensation Act applies to any employer who employs workers for maritime work or in a maritime occupation, either full-time or part-time, on the navigable waters of the United States or in adjoining waterfront areas.
The Bill Emerson Good Samaritan Food Donation Act is a federal law designed to encourage the donation of food and grocery products to nonprofit organizations by limiting the legal liability of donors. The Act is named after its sponsor, Bill Emerson, a former member of the U.S. House of Representatives from Missouri. President Bill Clinton signed the Act into law in 1996.
The Federal Employers' Liability Act (FELA) is an act that deals with a railroad carrier's liability to its employees for industrial accidents. If the carrier is engaged in interstate or foreign commerce, the carrier will be liable for its employees' injuries or death. However, the carrier is only liable for injuries or death that result from the negligence of the carrier's officers, agents, or employees or from a defect in the carrier's cars, engines, tracks, or machinery.