November 9, 2012
Virginia Expands Wrongful Discharge Tort
In a case involving alleged sexual harassment, the Fourth Circuit certified a question to the Virginia Supreme Court, which rephrased the question slightly:
“Does Virginia law recognize a common law tort claim of wrongful discharge in violation of established public policy against an individual who was not the plaintiff’s actual employer but who was the actor in violation of public policy and who participated in the wrongful firing of the plaintiff, such as in the capacity of a supervisor or manager?”
In a 4-3 decision, the court answered the question in the affirmative.
Legal Newsline has an extensive recap here.
November 8, 2012
Weinrib's New Book on Corrective Justice
Ernest Weinrib further develops his concept of corrective justice in a new Oxford University Press book entitled Corrective Justice. The abstract provides:
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers.
Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law.
In this new book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor.
Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it will be essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
November 7, 2012
ALI to Draft Restatement of Intentional Torts
Ellen Pryor (SMU/UNT Dallas) and Ken Simons (Boston University) have been named as Reporters.
November 6, 2012
Book Reviews by Judge Posner (Not really)
This is not torts related. But it will give you a smile. My colleague Paul Lund sent me this page. I give you: "Excerpts from Some Other Highly Critical Book Reviews by Judge Richard Posner...OK, Not Really."
November 5, 2012
IL Supreme Court Recognizes Intrusion Upon Seclusion Tort
In Lawlor v. North American Corporation of Illinois, (pdf) Case No. 112530 (Oct. 18, 2012), the Illinois Supreme Court recognized the tort of intrusion upon seclusion. As commentators have noted, this was not surprising as the Illinois appellate courts uniformly have recognized this tort, but the Illinois Supreme Court has now set out the elements of the tort. Littler Mendelson has a briefing on the case.