Imposing liability on drug testing laboratories for "false positives": getting around privity

Article Abstract:

Drug testing laboratories should be found to owe a duty of care to employees that suffer economic and emotional harm from false positive results, and privity and the economic harm rules should not operate to bar such claims. Because their livelihoods are at stake, employees should be able to sue for unintentional misconduct in administering drug testing. The imposition of negligence liability on accountants for purely economic harms suggests that the presumption against finding pure economic losses recoverable need not apply.

Cases, Pure economic loss doctrine, Economic loss doctrine, Privity, Drug testing laboratories

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Sticks and stones can break my name: nondefamatory negligent injury to reputation

Article Abstract:

Claims for injury to reputation as a result of negligence should be allowed in cases which are not precluded by defamation doctrine. Intentional communication by the defendant is required for defamation, but not necessarily intent to defame. If communication did not occur, a negligence claim should be allowed. The plaintiff in a negligence claim must be able to establish both foreseeability and damages to reputation in the form of economic loss or emotional distress.

Analysis, Reputation (Law), Reputation

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The externality of victim care

Article Abstract:

The author discusses the effect of liability rules on tort law. He argues that traditional thought on the effects of these rules is mistaken. A traditional liability scheme will not have the desired effect because such a model fails to take into account important factors.

United States, Economic aspects, Torts, Strict liability

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