Tort Action for Interference with a Dead Body

Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or when he or she prevents the proper burial or cremation of the dead body. The person who commits this tort is liable for damages to the family member or members of the deceased person.

Federal Volunteer Protection Act -- Overview

The Volunteer Protection Act (VPA) is a federal law that was designed to promote volunteerism by granting civil immunity to volunteers under certain circumstances. The VPA was signed into law by President Clinton in 1997.

AVIATION LITIGATION

Aviation litigation may involve commercial or private airline accidents. When a flight crosses state lines or when an aircraft contains passengers from several different states, an accident will often result in large multi-party lawsuits and litigation in several states or in several federal district courts.

Proving Defamation Damages

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages.

Defense of Property

Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous.