| Federal Teacher Protection Act -- Applicability |
| The federal Teacher Protection Act (TPA) applies to teachers, instructors, principals, administrators, school board members, and other educational professional or nonprofessional employees who work in a school and are called upon to maintain discipline or ensure safety.More... |
| Defamation of a Plaintiff |
| 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. More... |
| The Medical Care Recovery Act |
| The federal government operates one of the largest health care systems in the world when it provides medical treatment and benefits to its members of the armed forces. For this reason, the Medical Care Recovery Act (MCRA) was enacted in order to allow the government to recover its expenses from a third party when the third party is responsible for injuries that have been sustained by an active duty service member, a retired service member, or a dependent of an active duty or a retired service member.More... |
| Contribution and Indemnity |
| When a plaintiff is injured by two or more defendants' tortious acts that join to cause the injury, each defendant is "jointly and severally liable" for that injury. This means that the plaintiff may recover the entire amount of damages from any of the defendants. The defendants, in turn, may seek contribution or indemnity from each other.More... |
| Defense of Property |
| Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous. More... |
Benson & Bingham
Personal Injury Newsletter
