Why Compensate?
The legal system provides a method to compensate those who have sustained injuries. But there are still those who question its underlying rationale. Why, they ask, should an injured person receive compensation? This actually is an old question, one worthy of being answered again. So, why compensate? First: Because the negligent individual has taken something […]
A Latent Anger
Courtroom Avenger: The Challenges and Triumphs of Robert Habush, by Kurt Chandler, , 269 pp. (2014 American Bar Association) Books on trial lawyers hold a special fascination, providing a glimpse into a unique personality and intelligence that’s intermittently put on public display. In accident cases, most of a lawyer’s work is done outside of the […]
Judge Henry Friendly on Risk
The great Second Circuit Court of Appeals Judge Henry Friendly recognized the fallacy behind the commonly held notion that a small risk of harm should be considered a limiting factor in imposing liability upon a wrongdoer. “We see no reason why an actor engaging in conduct which entails a large risk of small damage and […]
