Mark S. Frank
Personal Injury Newsletter
No Strict Liability for Defamation
 
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. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses a matter related to the fifth element, the prohibition against strict liability.More...
 
Hedonic Damages
 
In the context of personal injury law, "hedonic damages" are damages to compensate a plaintiff for "loss of enjoyment of life," i.e., a diminished ability to enjoy the day-to-day pleasures of life. More...
 
Federal Tort Claims Act -- Federal Government Employees
 
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, the FTCA applies only to personal injury actions that arise from the negligence of a federal government employee.More...
 
The Jones Act -- Overview
 
The Jones Act is a federal law designed to compensate seamen who are injured while working aboard vessels in navigable waters.More...
 
Damages in Actions Involving Recreational Boating Accidents
 
When an action involving a recreational boating accident is brought in accordance with federal admiralty law, such federal admiralty law controls the issue of damages. Damages under federal admiralty law are similar to damages under the common law.More...
 
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