Can liability extend to computer service repair persons outside of the remedies available within the seller's maintenance agreement?

Article Abstract:

The US Fifth Circuit Court of Appeals incorrectly held for Wang in Orthopedic and Sports Injury Clinic v Wang Laboratories, Inc, holding computer repair persons to a reasonable person rather than industry standard of care. The Court dismissed Orthopedic's contention of gross negligence because of a lack of evidence and denied the application of res ipsa loquitur doctrine because Wang did not have exclusive control of the computer. This case constitutes a failure on the Court's part to establish a malpractice standard for computer experts that is necessary to protect consumers.

Computer services industry, Information technology services industry, Case Note, Res ipsa loquitur doctrine

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Negligence ebbs as basis for title insurer liability; more courts hold that only the terms of a policy should be grounds for insurer liability

Article Abstract:

Courts in several Northeastern states have abandoned the theory of search duty on the part of a title insurance company, holding that title searches are made for the insurer's, not the insured's, benefit. These courts look to the policy alone to determine the insurer's liability. The insurance protects a buyer of real estate from loss or damage arising from a defect in title. Negligence in carrying out a related title search may make the insurer more likely to pay out, but does not give the insured further rights.

Direct Property and Casualty Insurance Carriers, Title Insurance, United States

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Surrogate mother prevails in negligence suit

Article Abstract:

The Sixth Circuit ruled in Stiver v. Parker that a surrogate mother could sue for negligence against the attorney and doctors who arranged the surrogacy contract. The court ruled that a special duty was owed to the surrogate mother by the defendants to protect her from foreseeable harm because they expected to profit from the surrogacy program.

Surrogate mothers

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