Webthe floodgates argument has been around the legal profession since at least 1939 when William Prosser, an esteemed American tort law expert famously wrote, “It is the … WebFeb 26, 2024 · One argument that can be given in favour of the floodgates argument is that the courts will be faced with a large number of claims if the right to take action is …
The Law of Torts - LawTeacher.net
WebFeb 2, 2016 · Undoubtedly, the counter-argument to expanding the Florida Supreme Court’s mandamus jurisdiction is that it will drastically increase the caseload of the Florida Supreme Court, while simultaneously opening the floodgates for appellate practitioners to obtain a second appeal, turning the district courts into intermediary courts, which they ... 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 … chippewa automotive
Constraints of the Floodgates Principle - LawTeacher.net
Web2 hours ago · The Floodgates Argument. The opposite argument still crops up, though. In NEJM recently, Khrysta Baig and colleagues presented a scenario where spending for semaglutide for obesity in Medicare “would exceed the entire Part D budget.” (Part D is shorthand for prescription drugs under Medicare.) Baig et al came up with those … 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 WebAug 15, 2024 · The ‘’floodgates’’ principle arises from what is usually said than what is done (or omitted to be done) and it applies to economic loss caused by negligent … grapecity spread for windows forms 7.0j