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Swartz, Bresenoff, Yavner & Jacobs 455 F. 2d 847, 851, (1972) a United States Court of Appeals, applying Rhode Island law, applied the rule that an accountant should be liable in negligence for careless financial misrepresentations relied upon by actually foreseen and limited classes of persons.
On April 5, 2018, Public Attorney's Office filed the criminal charges (reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code and violation of Republic Act No. 9745 (Anti-Torture Act) and torture) against the Former Health Secretary Janette Garin and other former officials.
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
In criminal law, criminal negligence is an offence that involves a breach of an objective standard of behaviour expected of a defendant. It may be contrasted with strictly liable offences, which do not consider states of mind in determining criminal liability, or offenses that requires mens rea , a mental state of guilt.
In the United States, the Hand formula, also known as the Hand rule, calculus of negligence, or BPL formula, is a conceptual formula created by Judge Learned Hand which describes a process for determining whether a legal duty of care has been breached (see negligence). The original description of the calculus was in United States v.
United States v. Carroll Towing Co., 159 F.2d 169 (2d.Cir. 1947), [1] is a decision from the 2nd Circuit Court of Appeals that proposed a test to determine the standard of care for the tort of negligence.
Feres v. United States, 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. [1]
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.