Foreseeability asks how likely it was that a person could have anticipated the potential or actual results of their actions. This is a question in contract and tort law. The standard that courts use is that of “reasonability.” In contract law...
mass tort litigation
foreseeable risk
A foreseeable risk is when a reasonable person in a given situation should know that specific harm might occur as a result of their actions. For example, if a person buys fireworks, then handles them incorrectly, and burns their finger, this...
frolic and detour
Frolic and Detour is a phrase describing actions taken by an employee that fall in varying degrees outside of the scope of employment. Generally, a “detour” constitutes a minor departure from an employee’s duties but is still considered...
front pay
Front pay is money awarded for lost compensation that usually occurs in employment discrimination or anti-retaliation cases. It is measured from the date of the trial onward until the court comes to a decision. The ultimate objective is to...
FTCA
The Federal Tort Claims Act of 1946 (FTCA) is a monumental bill that enabled the Federal government to be sued for tortious activities of its employees within the scope of their employment. Prior to this legislation, sovereign immunity...
IIED
IIED stands for intentional infliction of emotional distress.
OverviewIntentional infliction of emotional distress (IIED) is a tort that occurs when one acts in a manner that intentionally or recklessly causes another to...
lead hazard
A lead hazard is often used in the context of exposure to lead-based paint, lead-contaminated dust, and lead-contaminated soil. Children six years old and younger are the most likely to suffer health consequences from lead exposure. In 1976, Congress...
mass tort
A mass tort is some act or omission that harms or injures numerous people. Some examples of this kind of activity include explosions, commercial plane crashes, groundwater contamination due to toxic waste disposal, or noxious pollution emanating from...
misfeasance
In a legal context, “misfeasance” refers to the improper performance of a lawful act, resulting in harm or injury to another person or entity. It is a term primarily used in tort law, which deals with civil wrongs and the compensation for...
multidistrict litigation
A legal proceeding in federal civil litigation, aimed at reducing the burden on federal district courts, and make litigation more convenient for parties and promote overall efficiency in the courts. Congress codified MDLs in 28 U.S.C § 1407. When...