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Tort Law: Secondary Sources

Resources available at LaValley Law Library relating to the area of Tort Law

Treatises Available at LaValley Law Library

Treatises are written by legal scholars and practitioners. Treatises provide current, in-depth analysis of an area of law and include citations to relevant sources, including case law, statutes, regulations, and law journal articles.


 

Restatements

Restatements are produced by the American Law Institute. Restatements of the Law address uncertainty in the law and attempt to clarify, modernize, and otherwise improve the law.


Restatement of the Law - Torts (WestLaw Edge - login needed)

Restatement of the Law - Torts (Lexis Advance - login needed)

Dictionaries / Encyclopedias

Black's Law Dictionary (Westlaw Edge - need logon)

Black's Law is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black. It is the reference of choice for terms in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S. Supreme Court cases.


American Jurisprudence 2d (AMJUR) (Westlaw Edge - Need logon)
American Jurisprudence 2d (AMJUR) (Lexis Advance - Need logon)

Comprehensive legal encyclopedia contains textual statements of law alphabetically arranged in more than 400 topics. A to Z text statement of American Law, both state and federal. The articles collect, examine, and summarize the broad principles of American law and, at the same time, provide direct leads to supporting cases, related annotations, forms, proofs, and trial techniques. 


American Jurisprudence Proof of Facts (Westlaw Edge - need login)

Written by well-known judges, attorneys and experts in technical, scientific and medical fields. Explains how to determine quickly and confidently the facts essential to winning a case, and how to prove them for a wide range of civil litigation and selected criminal defense topics, including: personal injury/torts, employment litigation (discrimination, harassment and wrongful termination), real estate litigation, business torts, and commercial litigation. Also highlights which cases to avoid due to difficulties or failures in proof. Includes strategies and aids that cover every stage of trial preparation.


American Law Reports (ALR) (Westlaw Edge - need login)
American Law Reports (ALR) (Lexis Advance - need login)

The ALR database contains the full text of the annotations included in the Second, Third, Fourth, Fifth, Sixth, Seventh, Federal, Federal Second, and Federal Third Series of the American Law Reports (ALR), all published by West, a Thomson Reuters business.


Corpus Juris Secundum (Westlaw Edge - need login)

A national legal encyclopedia, covers state and federal legal topics from A to Z. General rules of law are summarized in blackletter law headings and expanded upon in the text. The book also provides the limitations and exceptions to the rules where appropriate. The citations and the supporting cases involve both state and federal courts, allowing the user gets a full perspective of the law in a local jurisdiction as well as across the country.


Ohio Jurisprudence 3d (Westlaw Edge - need login)

A current and comprehensive encyclopedia of Ohio law, containing an analytical treatment of all law established in Ohio courts and by acts of the legislature.

Lexis Advance Secondary Sources

Anderson's Ohio Personal Injury Litigation Manual

Provides coverage of the most significant personal injury topics in Ohio; motor vehicle negligence, product liability, premises liability, government liability, and medical malpractice. It includes hundreds of practice tips for the personal injury attorney, including checklists, warnings, strategic points, exceptions, and resources. 

Attorney's Textbook of Medicine (3rd Edition)

The most comprehensive and authoritative medical reference for attorneys. Contains detailed, hard to find information on hundreds of injuries and diseases, complete with diagnosis, treatment, prognosis, and medical-legal annotations. It includes the background information needed to confidential prepare complex cases, evaluate injuries and disabilities, present evidence to jurors in language they can understand, and effectively examine and cross-examine medical witness. Evaluation of permanent and physical impairment (by the AMA) explains all standards for testing and evaluating injuries. 

Aviation Accident Law

The nation's foremost aviation law expert provides complete exposition of the law, remedies, and trial techniques. Examination of discovery procedures, settlement techniques, and jurisdictional problems. Treatment of the liabilities of airlines, private aircraft owners and operators, lessors, aviation maintenance and repair companies, crashworthiness, and class actions in aviation disaster cases.  Analysis of the legal effects of the Warsaw Convention, the Montreal Agreement, the Hague Protocol, the Federal Aviation Act, and the Death on the High Seas Act.  Also includes state products liability and wrongful death statutes.

Bender's Forms of Discovery Interrogatories (Volume 1 - 10A)

Be Prepared For Every Piece Of Evidence Your Opponent Has With Comprehensive Pretrial Discovery Discovery is a key to success in all types of litigation. This quintessential tool for discovery in federal and state courts is the only product to combine full analysis of discovery law with a complete set of discovery forms. Interrogatory Forms for All Kinds of Cases Bender's Forms of Discovery Interrogatories (Volumes 1 to 10A) provides an A-to-Z selection of sample interrogatories under more than 200 title categories from Accounting to Zoning. These samples are easily located. Contains Comprehensive Forms for All Types of Discovery. The most complete set of interrogatory forms available--for use in virtually every type of civil action or proceeding and a wide variety of fact patterns.

Bender's Forms of Discovery Treatise (Volumes 11 - 17)

A comprehensive litigation guide that offers in-depth discussion and action-oriented practice materials for all other discovery methods.. Bender's Forms of Discovery features comprehensive, updated charts comparing the discovery rules of the 50 states with the various federal discovery rules, as well as appendices providing the text of the state discovery rules at variance with the federal rules. Volumes 1-10a can be found withing the source entitled Bender's Forms of Discovery Interrogatories (Volumes 1 to 10A).

Business Torts

Business Torts covers a variety of important business torts, including: Breach of fiduciary duty, including directors' and officers' liability, Unjust dismissal and employment covenants not to compete, Actions to recover for third party interference with contract relations, prospective advantage, lawful business and employment relations, Commercial defamation and deceptive advertising, Private RICO actions in the commercial context, Trademark, copyright and patent infringement.

Comparative Negligence

Comparative Negligence has been the leading text describing and analyzing how comparative negligence or comparative fault interacts with the full panoply of tort law, including strict liability, third party suits, joint and several liability, and more. Virtually every guidepost opinion in the comparative negligence or comparative fault field uses Comparative Negligence as a resource. The new Restatement of Torts, Third: Apportionment of Liability cites this text throughout the Reporters' opinions as a key resource. It is hailed by leading plaintiffs' and defense lawyers alike as an invaluable resource.

Comparative Negligence Law and Practice

Comparative Negligence Law and Practice offers expert detailed analysis of the current status of comparative negligence in every state, as well as complete discussion of the effect of the doctrine on such areas as products liability, workers' compensation, wrongful death actions, conflict of laws and multi-party litigation. Practical suggestions related to the client interview, pleading, and all phases of the trial. Helpful advice on strategy and tactics for every aspect of the case. State-by-state appendix providing the full text of every existing statute, plus through discussion of landmark cases in jurisdiction which have adopted comparative negligence judicially. Analysis of important cases from every jurisdiction that has interpreted the statutes or refined the doctrine.

The Complete Guide to Medicare Secondary Payer Compliance

This all-in-one handbook combines all the resources you need on a daily basis: analysis and practice tips, statutes, public laws, regulations, case summaries with commentary. Explains how to: - avoid pitfalls and delays under CMS policies and procedure - comply with reporting requirements and avoid penalties - identify cases to submit for CMS review - achieve better CMS outcomes and avoid overly inflated MSAs - find defensible and less costly allocations for future medical expenses - submit acceptable proof for rated age for purposes of CMS review - avoid rejection of MSA proposals for inadequate prescription drug information - understand MSA evaluations and financial options for funding MSAs - determine when MSAs should be used in liability settlements and the settlement language to use.

Damages in Tort Actions

Damages in Tort Actions offers in-depth legal and policy analysis of compensatory and punitive damages in personal injury, wrongful death, and property damage cases. Shows how to increase the opportunity to recover a substantial verdict through effective preparation and trial performance. 

Defense of Drunk Driving Cases: Criminal - Civil

Provides comprehensive coverage of the legal and technical issues that arise in a drunk driving case. 

Drug and Medical Device Product Liability Deskbook

Provides detailed coverage of: warning-related claims and defenses; other information-based theories; strict liability; FDA-related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

Drug Product Liability

Drug Product Liability offers detailed analysis of litigation involving many of today's frequently prescribed drugs and medical devices. 

Drugs in Litigation: Awards Involving Prescription and Nonprescription Drugs

Summarizes hundreds of trial and appellate decisions involving drugs and medicines. It lists drug names alphabetically and cross-indexes them for generic and brand-name identification. Subjects covered include adverse reactions and allergies, prescription errors, failure to warn or test, drug manufacturers, delay in treatment, synergistic actions of drugs, informed consent of patient, contraindications, and patient addiction.

Forensic Sciences

Dozens of experts discuss the sciences relevant to criminal and civil litigation and the law concerning their use in the courtroom. 

Frumer & Friedman, Products Liability

Covers every facet of the law, including: * Parties liable: manufacturers, retailers, wholesalers, middlemen, repairers, advertisers, and government * Theories of liability: negligence, strict liability in tort, breach of express warranty, breach of implied warranty and fraud * Statute of limitations, conflict of law, indemnity and contribution, class actions, multi-district litigation, defenses, insurance, European draft legislation, state legislation, UPLA * Evidence * Newly emerging topics: vaccines; government contract defense; human factors in products liability; proposed federal products liability legislation; manufacturer's criminal liability; products liability and bankruptcy; liability of successor corporations and product line liability Discusses over 700 different products and product categories Products Liability also delivers: * State products liability legislation and statutory references * A volume on design and product safety engineering * Relevant Senate and House Committee Reports * Restatement of Torts: Products Liability * Federal preemption of airbag claims

Getting the Deal Through: Product Liability

A comparative analysis of product liability regulation in different jurisdictions worldwide, offering expert local insight with answers to crucial questions in areas such as: civil litigation system, evidentiary issues and damages, litigation funding, fees and costs, sources of legal framework, limitations and defenses and status and development of product liability law, and the climate for litigation.

Getting the Deal Through: Product Recall

Addresses the most important questions relating to product recall regulation in the global sphere. Topics dealt with include: general product obligations, reporting requirements for defective products, product recall requirements, powers of government authorities and Implications for product liability claims.

A Guide to Toxic Torts

Unparalleled coverage of the trial of toxic torts cases with complete guidance on obtaining compensation for individuals injured by toxic substances and defending such actions. The liability of the government, manufacturers, vendors, and employers for personal injuries or wrongful death resulting from the improper testing, manufacture, sale, distribution or unsafe use of undertested drugs, toxic substances, and hazardous waste. Guide to Toxic Torts covers major aspects of a toxic tort case: role of plaintiffs' and defendants' expert witnesses, insurance coverage, impeaching scientific studies, proof of causation, central nervous system damage, and closing arguments. Guide to Toxic Torts also offers guidance in the handling of specific kinds of cases. Among the subjects covered are: herbicides, pesticides, DES, PCBs, benzene, formaldehyde, drain cleaners, CCA lumber,and lead. Includes sample forms, trial testimony, table of cases, appendix.

Law of Premises Liability

The Law of Premises Liability is a newly-revised treatise addresses one of the most frequently asserted theories of recovery in the field of tort law, personal injury actions brought by entrants against owners or occupiers of land. Discussing the latest case law from all 50 states, this volume remains the most complete and up-to-date resource available on the law of premises liability.

Lawyer's Guide to Medical Proof

The authoritative resource for practical, down-to-earth advice on the psychology of a personal injury trial. Provides comprehensive, current medical information written specifically for personal injury lawyers. It offers new insight on how to gather expert witnesses, examine reports of events that cause the injury, and acquire the basic medical background needed to effectively develop a case. 

Legal Medicine of American College of Legal Medicine

Explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care.  It features comprehensive discussions on a myriad of legal issues that health care professionals face every day. 

Liquor Liability Law

Provides comprehensive coverage of civil liability of tavern owners, social hosts, employers, and others, for negligent service of alcohol to intoxicated persons and minors. Who can sue, who can be sued, and what actions give rise to liability are some of the issues that are fully explored. Both common law and statutory claims are discussed. Includes all dram shop statutes. 

Louisell & Williams, Medical Malpractice

Covers whether to bring an action for tort or breach of implied contract, a physician's liability for negligence of other medical personnel, a physician's duty to obtain informed consent, malpractice by specific health care provides, hospital liability, circumventing the "conspiracy of silence". Examines the litigation process by step-by-step. Strategies are illustrated by transcripts, with commentary. 

Medical Malpractice (Harney)

 Find out what judges and juries believe constitutes medical malpractice, negligence, or violates standards of care with this completely up-to-date analysis of state and federal decisions. 

Medical Malpractice: Guide to Medical Issues

Find out how to recognize departures from standard of care and distinguish errors in clinical judgment with this treatise, which provides the medical background you need to handle malpractice cases. Each chapter of Medical Malpractice: Guide to Medical Issues contains extensive medical information, including standards of care and potential causes of medical malpractice actions.

No Fault and Uninsured Motorist Automobile Insurance

 No Fault and Uninsured Motorist Automobile Insurance is a practical guide for handling no-fault, uninsured motorist, and underinsured motorist insurance claims. 

Personal Injury - Actions, Defenses, Damages

The largest and most comprehensive case law compendium in legal literature provides encyclopedic treatment of the personal injury law of every American jurisdiction. 

Premises Liability Law and Practice

Liability Law and Practice covers: * Liability of a property owner for the criminal acts of third parties * Premises liability in cooperatives and condominiums * Liability of retail establishments * Liability of a landlord to tenants and third parties * "Pot-hole" laws affecting the liability of governmental entities for injuries sustained as a result of the defective condition of streets and sidewalks * "Slip and fall" accidents * Liability of an owner or employer for the negligence of a contractor * Architectural and structural defects Premises Liability also provides invaluable practice material for handling every phase of a case. You will find: * Trial transcripts with commentary demonstrating techniques for providing or disproving a claim * Pleading and practice forms, including illustrative complaints, interrogatories, trial briefs, and checklists * Illustrative damage awards

The Preparation of Trial and Medical Malpractice Cases

The Preparation and Trial of Medical Malpractice Cases treats a case as a continuous process, from interviewing the client to closing argument. It offers comprehensive coverage of the questions surrounding health maintenance organizations, including case law on the right to sue an HMO as well as its participating physicians. You'll find discussion of: how to recognize a meritorious case; the doctrine of alternative liability; the evidentiary value of FDA approval or nonapproval; the continuing treatment doctrine; state statutes regarding motion practice; malpractice liability of alternative medical practitioners; the admissibility of evidence comparing physicians' risk statistics to those of other physicians; use of expert testimony to establish res ipsa loquitur in negligence; the modified standard of proximate cause when a physician's negligence exacerbates a patient's existing condition; violation of the duty to disclose information; contributory negligence in informed consent; distinguishing between medical malpractice and ordinary negligence; liability of nurses; and more. Appendices demonstrate how to analyze a medical brief, depose and examine the defendant physician, and elicit testimony from your own expert witness. Also included are a sample Bill of Particulars, a sample jury charge and a list of Web sites to assist your medical research.

Privacy Law

Thoroughly explains the legal obligations and potential liability of those who work with and share private information. It covers current law and emerging issues in depth, offering essential guidance on the privacy policies and practices organizations need to adopt to ensure compliance and the duty to notify employees and customers in the event of privacy breaches. Beginning with the constitutional foundation of privacy rights, Privacy Law examines the impact of the laws, industry standards and consumer expectations regarding personal information and privacy in a variety of contexts, including: health care, financial institutions, the workplace, international business, e-commerce and corporate transactions.

Products Liability Practice Guide

Provides an unparalleled collection of winning strategies and tactics for an entire range of products. * Step-by-step guidance through each phase of a products liability case from the initial fact-gathering process, to use of forensic experts, to effective trial strategy * Chapter-by-chapter topical treatment of specific products, from asbestos, all-terrain vehicles, clothing and contraceptives, to toys, airplanes, tobacco, firearms and more * Practice aids throughout, including: checklists, forms, commentary, trial pointers, sample pleadings and research guides.

Proving Medical Diagnosis and Prognosis

Explains how hundreds of medical tests are performed and how to read their findings. It includes complete, authoritative guidance on orthopedic, neurological, laboratory and other clinical tests, as well as an in-depth discussion of medical records. 

Punitive Damages

Punitive damages have long been the subject of debate and the focus of reform efforts at both state and local levels of government. This edition covers all the latest developments in an expanding area of law. Covers tort reform state by state, and a wide range of pretrial, trial, and post-trial strategies. 

 

Westlaw Edge Secondary Resources

Dobbs' Law of Torts

A hornbook that covers the full range of tort law issues. The subdivisions allow readers quick access to pertinent information. 


American Law of Torts

American Law of Torts discusses specific tort theories and practice areas, including: negligence/per se, premises liability, products liability, business and commercial torts, intentional torts, defamation, invasion of privacy, unlawful possession, medical malpractice, nuisance and interference with civil rights.


Aviation Tort and Regulatory Law Scope

Aviation Tort and Regulatory law covers substantive and procedural issues arising from major aircraft accidents, injuries, and fatalities involving commercial, noncommercial, corporate, and military craft.


Handling Business Tort Cases

A comprehensive manual with complete practice forms for lawyers who litigate cases involving torts that arise from providing goods and services to others or to improper interference with producing goods and services. Covering over 20 individual business torts, it examines how contracts interact with business torts, how business torts can be a part of successful business litigation strategy, and how insurance, trial procedure and matters beyond the basic facts can affect case outcomes. 


Law of Toxic Torts

Guides you through major issues of toxic tort case, provides extensive consideration of traditional and emerging liability theories and strategies, details practices that give rise to liability, and suggests methods for reducing liability exposure and ways for dealing with toxic tort actions. 


Litigating Business & Commercial Tort Cases

Covers the causes of action subsumed under the term "business torts." This book explains the law for each cause of action and how to practice each area for maximum effect. It provides complete forms needed to handle a case - jury instructions, pleadings, motions and discovery. 


Litigating International Torts in U.S. Courts

Provides guidance involving international tort lawsuits filed in federal and state courts seeking recovery against foreign or domestic parties for actions or injuries occurring abroad. If offers a roadmap to plaintiff and defense attorneys, review key cases, and analyzes issues and competing lines of reasoning other courts have used when facing comparable disputes. 


Litigating Mass Tort Cases

Details the legal underpinnings of mass tort law, both substantive and procedural, while providing how-to guidance. 


Litigating Tort Cases

Brings you step-by-step advice, legal analysis, and valuable guidance on more than 65 areas of tort practice and procedure. 


Modern Tort Law: Liability & Litigation 2d

Provides attorneys with the starting point for any tort research to determine whether a cause of action exists, and the ready insights and analysis they need to answer difficult questions and craft winning legal arguments after they take a case. 


Privacy Torts

Analyzes privacy torts: intrusion upon seclusion, public disclosure of fact, false light in the public eye, breaches of fiduciary duties and duties of confidentiality, and misappropriation. 


Tort Law - Baldwin's Ohio Practice

Provides a comprehensive reference to Ohio tort law. It analyzes based on subject area, fact scenario, and appellate district, allowing easy and quick research for practically any situation. 


Toxic Torts Litigation Guide

Addresses issues common to all types of toxic tort cases; focuses on claims of personal injury. 


Toxic Torts Practice Guide

Covers the scientific underpinnings of toxic torts, how to structure a case from either the plaintiff's or defendant's perspective, as well as issues in establishing proof of exposure, injury, and causation.