scholarly journals The Economic Loss Rule and the Design Professional’s Liability in Texas

2016 ◽  
Vol 3 (3) ◽  
pp. 691-719
Author(s):  
Shelby Russell
Keyword(s):  
United States ◽  
Construction Industry ◽  
Construction Project ◽  
Economic Loss ◽  
Tort Law ◽  
The United States ◽  
Economic Losses ◽  
Boundary Line ◽  
Broad Applicability ◽  
Limited Class

The economic loss rule bars recovery by a party who suffers only economic loss, unaccompanied by harm to the person or property. Although the economic loss rule was developed as a way to maintain a “boundary line” between contract and tort law, the application of the rule has proven difficult because of its potential for broad applicability and inequitable results. Because of this, several jurisdictions across the United States have adopted exceptions to the general economic loss rule. One such exception is negligent misrepresentation. The negligent misrepresentation exception is outlined in section 552 of the Second Restatement of Torts. The exception provides that a person who conveys negligent information in the course of his or her business for the guidance of persons within a limited class, who then rely on that information to their detriment, are liable to those persons in tort notwithstanding the economic loss rule. Until recently, Texas law was unclear as to whether it had adopted negligent misrepresentation as a general exception to the economic loss rule. It is clear, however, that Texas has adopted an exception to the economic loss rule for professionals who provide negligent information in the course of their profession. The Court in LAN/STV v. Martin K. Eby Constr. Co. (“LAN/STV”) chose not to extend this exception to design professionals who provide negligent design plans to contractors for a construction project. This decision has received backlash by many in the construction industry as it produces inequitable results and does not extend the “professional” exception to design professionals. Texas should adopt the negligent misrepresentation exception to the economic loss rule, as applied to design professionals in the construction context, so that tort remedies are available to contractors who suffer economic losses due to their reliance on negligent plans from a design professional.

scholarly journals The effect of allowing motorists to opt out of tort law in the United States

2005 ◽  
Vol 39 (2-3) ◽  
pp. 599-612
Author(s):  
Jeffrey O’Connell ◽  
Stephen Carroll ◽  
Alan Abrahamse ◽  
Michael Horowitz ◽  
Alexander Karan
Keyword(s):  
United States ◽  
Traffic Accidents ◽  
Tort Law ◽  
The United States ◽  
Economic Losses ◽  
Opt Out ◽  
The U.S

As applied to U.S. traffic accidents, both tort law and no-fault law are often attacked. A proposed solution would allow motorists to choose an option bypassing the inadequacies of both tort law and current U.S. no-fault laws. Actuarial estimates indicate large savings available to motorists so choosing. But as time goes on, the savings are diminished as low required limits of coverage in the U.S. meet inflation, leading not only to admittedly lessened savings but also to the anomaly of more and more motorists in non no-fault states pursuing tort rights for only economic losses.

scholarly journals The Economic Effects of COVID-19 on the Producers of Ethanol, Corn, Gasoline, and Oil

2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Andrew Schmitz ◽  
Charles B. Moss ◽  
Troy G. Schmitz
Keyword(s):  
United States ◽  
Cost Benefit ◽  
Economic Cost ◽  
The United States ◽  
Welfare Economic ◽  
Economic Effects ◽  
Economic Losses ◽  
Corn Ethanol ◽  
Empirical Estimation ◽  
Total Oil

AbstractThe COVID-19 crisis created large economic losses for corn, ethanol, gasoline, and oil producers and refineries both in the United States and worldwide. We extend the theory used by Schmitz, A., C. B. Moss, and T. G. Schmitz. 2007. “Ethanol: No Free Lunch.” Journal of Agricultural & Food Industrial Organization 5 (2): 1–28 as a basis for empirical estimation of the effect of COVID-19. We estimate, within a welfare economic cost-benefit framework that, at a minimum, the producer cost in the United States for these four sectors totals $176.8 billion for 2020. For U.S. oil producers alone, the cost was $151 billion. When world oil is added, the costs are much higher, at $1055.8 billion. The total oil producer cost is $1.03 trillion, which is roughly 40 times the effect on U.S. corn, ethanol, and gasoline producers, and refineries. If the assumed unemployment effects from COVID-19 are taken into account, the total effect, including both producers and unemployed workers, is $212.2 billion, bringing the world total to $1266.9 billion.

scholarly journals First Report of Impatiens Downy Mildew Outbreaks Caused by Plasmopara obducens Throughout the Hawai'ian Islands

Plant Disease ◽  
2014 ◽  
Vol 98 (5) ◽  
pp. 696-696 ◽  
Author(s):  
J. A. Crouch ◽  
M. P. Ko ◽  
J. M. McKemy
Keyword(s):  
United States ◽  
Downy Mildew ◽  
The United States ◽  
Molecular Data ◽  
Economic Losses ◽  
Voucher Specimen ◽  
First Report ◽  
Plastic Bags ◽  
Leaf Surfaces ◽  
Impatiens Walleriana

Downy mildew of impatiens (Impatiens walleriana Hook.f.) was first reported from the continental United States in 2004. In 2011 to 2012, severe and widespread outbreaks were documented across the United States mainland, resulting in considerable economic losses. On May 5, 2013, downy mildew disease symptoms were observed from I. walleriana ‘Super Elfin’ at a retail nursery in Mililani, on the Hawai'ian island of Oahu. Throughout May and June 2013, additional sightings of the disease were documented from the islands of Oahu, Kauai, Maui, and Hawai'i from nurseries, home gardens, and botanical park and landscape plantings. Symptoms of infected plants initially showed downward leaf curl, followed by a stippled chlorotic appearance on the adaxial leaf surfaces. Abaxial leaf surfaces were covered with a layer of white mycelia. Affected plants exhibited defoliation, flower drop, and stem rot as the disease progressed. Based on morphological and molecular data, the organism was identified as Plasmopara obducens (J. Schröt.) J. Schröt. Microscopic observation disclosed coenocytic mycelium and hyaline, thin-walled, tree-like (monopodial branches), straight, 94.0 to 300.0 × 3.2 to 10.8 μm sporangiophores. Ovoid, hyaline sporangia measuring 11.0 to 14.6 × 12.2 to 16.2 (average 13.2 × 14.7) μm were borne on sterigma tips of rigid branchlets (8.0 to 15.0 μm) at right angle to the main axis of the sporangiophores (1,3). Molecular identification of the pathogen was conducted by removing hyphae from the surface of three heavily infected leaves using sterile tweezers, then extracting DNA using the QIAGEN Plant DNA kit (QIAGEN, Gaithersburg, MD). The nuclear rDNA internal transcribed spacer was sequenced from each of the three samples bidirectionally from Illustra EXOStar (GE Healthcare, Piscataway, NJ) purified amplicon generated from primers ITS1-O and LR-0R (4). Resultant sequences (GenBank KF366378 to 80) shared 99 to 100% nucleotide identity with P. obducens accession DQ665666 (4). A voucher specimen (BPI892676) was deposited in the U.S. National Fungus Collections, Beltsville, MD. Pathogenicity tests were performed by spraying 6-week-old impatiens plants (I. walleriana var. Super Elfin) grown singly in 4-inch pots with a suspension of 1 × 104 P. obducens sporangia/ml until runoff using a handheld atomizer. Control plants were sprayed with distilled water. The plants were kept in high humidity by covering with black plastic bags for 48 h at 20°C, and then maintained in the greenhouse (night/day temperature of 20/24°C). The first symptoms (downward curling and chlorotic stippling of leaves) and sporulation of the pathogen on under-leaf surfaces of the inoculated plants appeared at 10 days and 21 days after inoculation, respectively. Control plants remained healthy. Morphological features and measurements matched those of the original inoculum, thus fulfilling Koch's postulates. To our knowledge, this is the first report of downy mildew on I. walleriana in Hawai'i (2). The disease appears to be widespread throughout the islands and is likely to cause considerable losses in Hawai'ian landscapes and production settings. References: (1) O. Constantinescu. Mycologia 83:473, 1991. (2) D. F. Farr and A. Y. Rossman. Systematic Mycology and Microbiology Laboratory, ARS, USDA. Retrieved from http://nt.ars-grin.gov/fungaldatabases/ July 16, 2013. (3) P. A. Saccardo. Syllogue Fungorum 7:242, 1888. (4) M. Thines. Fungal Genet Biol 44:199, 2007.

scholarly journals First Report of Okra yellow mosaic Mexico virus in Okra in the United States

Plant Disease ◽  
2010 ◽  
Vol 94 (7) ◽  
pp. 924-924 ◽  
Author(s):  
C. Hernandez-Zepeda ◽  
T. Isakeit ◽  
A. Scott ◽  
J. K. Brown
Keyword(s):  
United States ◽  
The United States ◽  
Full Length ◽  
Bipartite Begomoviruses ◽  
Economic Losses ◽  
Growth Stages ◽  
First Report ◽  
Total Dna ◽  
Hidalgo County ◽  
Whitefly Vector

During the okra growing season from August to November of 2009, symptoms reminiscent of geminivirus infection were observed on 75% of ‘Green Emerald’ Abelmoschus esculentus (L.) Moench, plants in a 0.2-km2 field in Hidalgo County, TX. Visible symptoms consisted of irregular yellow patches on leaves, distinctive yellow borders on leaf edges, and chlorosis of subsequently developing leaves. The whitefly vector of begomoviruses, Bemisia tabaci (Genn.), infested okra plants in the early growth stages during late July 2009. Total DNA was isolated from the leaves of three symptomatic okra plant samples (1) and used as the PCR template to amplify a 575-bp fragment of the coat protein gene (CP) using the universal begomovirus primers AV494 and AC1048 (2). PCR products of the expected size were cloned into the pGEM-T Easy (Promega, Madison, WI) and sequenced using the universal M13F and M13 R primers. ClustalV alignment indicated 99 to 100% shared nucleotide (nt) identity, and BLAST analysis revealed that the closest relative was Okra yellow mosaic Mexico virus - Tetekalitla (OkYMMV) (GenBank Accession No. EF591631) at 98%. To amplify the full-length DNA-A and a possible cognate DNA-B component, one plant that was positive by CP-PCR and DNA sequencing was selected for further analysis. Total DNA from this plant was used as template for a second detection method that consisted of rolling circle amplification (RCA) using the TempliPhi 100 Amplification System (GE Healthcare). RCA is a non-sequence-specific approach that permits amplification of circular DNA. The RCA products were linearized to release unit length ~2.6 kb DNA-A and DNA-B components using BamHI, and EcoRI, respectively. These products were cloned into pGEM3zf+ (Promega) and sequenced using M13F and M13 R primers and then by primer walking (>300 base overlap). Full-length DNA-A and DNA-B components were obtained, respectively, at 2,613 bp (GenBank Accession No. HM035059) and 2,594 bp (GenBank Accession No HM035060). Alignment of the DNA-A component using ClustalV (MegAlign, DNASTAR, Madison, WI) with begomoviral sequences available in GenBank indicated that it was 99% identical to OkYMMV DNA-A (GenBank Accession No. DQ022611). The closest relative to the DNA-B component (ClustalV) was Sida golden mosaic virus (SiGMV) (GenBank Accession No. AJ250731) at 73%. The nt identity of the 172-nt ‘common region’ present in the DNA-A and DNA-B components was 99%, and the iterons (predicted Rep binding motif) were identical for the two components, indicating that they are a cognate pair. The genome organization was typical of other New World bipartite begomoviruses. The economic losses due to infection by this virus could not be determined because an early freeze killed the plants. Hidalgo County is adjacent to Tamaulipas, Mexico, where ~50 km2 of okra are grown and the whitefly vector is also present. The identification of OkYMMV based on two independent detection methods, and the presence of begomovirus-like symptoms together with the whitefly vector, provide robust evidence for the association of OkYMMV-TX with diseased okra plants. To our knowledge, this is the first report of OkYMMV-TX infecting okra crops in Texas and in the continental United States. References: (1) J. J. Doyle and J. L. Doyle. Focus 12:13, 1990. (2) S. Wyatt and J. K. Brown. Phytopathology 86:1288, 1996.

scholarly journals The Law of Obligations

2018 ◽  
Author(s):  
Michael Lobban
Keyword(s):  
United States ◽  
Tort Law ◽  
The United States ◽  
Contract Law ◽  
Public Law ◽  
The Other ◽  
Economic Changes ◽  
American Law ◽  
Anglo American ◽  
Unifying Principles

The Anglo-American law of obligations was profoundly reshaped in the two centuries after 1800, driven by social and economic changes, and changes in legal institutions and doctrines. In contract law, nineteenth-century jurists increasingly sought to put the rules of law into a coherent rational framework (inspired by continental models resting on will theory), though they soon found that this theory could not explain many contractual doctrines. In tort law, jurists were also divided over whether unifying principles underlying tort could be uncovered, with formalist efforts to find such principles being challenged by Realists who argued that tort was in effect ‘public law in disguise’. The quest for underlying principles was also pursued by scholars of unjust enrichment, first in the United States and subsequently in England; though as in the other areas of obligations, by the end of the twentieth century, there was no consensus on whether this was possible.

Intrauterine Infections (Ciba Foundation Symposium 10, new series). Amsterdam/London/New York: Associated Scientific Publishers, 1973, 219 pp., $10.50

PEDIATRICS ◽  
1974 ◽  
Vol 53 (1) ◽  
pp. 132-134
Author(s):  
Alex J. Steigman
Keyword(s):  
United States ◽  
New York ◽  
Great Britain ◽  
The United States ◽  
Lessons Learned ◽  
Economic Losses ◽  
Ciba Foundation Symposium ◽  
European Continent ◽  
Intrauterine Infections ◽  
Scientific Publishers

This interesting volume is the result of a proper symposium rather than a collection of submitted reports. The authoritative findings are sprinkled generously with a free flowing discussion which brings sharply into focus what remains to be learned and how to go about it. The 22 well-qualified participants include 17 from Great Britain, 4 from the European continent, and 1 from the United States. Wisely included are the observations of a veterinarian-scientist; lessons learned from studies made primarily to prevent economic losses in animals may become useful to clinicians.

Maritime Jurisdiction in the Dixon Entrance: The Alaska Boundary Re-Examined

1977 ◽  
Vol 14 ◽  
pp. 175-223 ◽  
Author(s):  
G. B. Bourne ◽  
D. M. McRae
Keyword(s):  
United States ◽  
Great Britain ◽  
The United States ◽  
Boundary Line ◽  
Actual Position

The settlement of the Alaska-Canada boundary is one of the more colourful episodes in Canadian-American relations. After 75 years of uncertainty, disagreement, and dispute over the actual position of the boundary line between the territory of Great Britain and of Russia, and later of the United States, a tribunal was established in 1903 to interpret the treaty between Great Britain and Russia, concluded in 1825, in which the boundaries had been defined. The tribunal in rendering its decision adopted neither the contention of the United States nor that of Britain, but drew a line that corresponded more closely with official Russian maps prepared shortly after the 1825 Treaty was concluded. However, on an issue seen at the time in Canada as critical, the tribunal found in favour of the United States, awarding it the island of Sitklan and Kannaghunut at the mouth of the Portland Channel. This gave rise to a storm of protest in Canada, anger being vented particularly at the British jurist Lord Alverstone, the president of the tribunal, who was suspected of selling out to the Americans.

scholarly journals The Impact of Bt Corn on Aflatoxin-Related Insurance Claims in the United States

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Jina Yu ◽  
David A. Hennessy ◽  
Felicia Wu
Keyword(s):  
United States ◽  
Inverse Correlation ◽  
Field Studies ◽  
The United States ◽  
Economic Benefits ◽  
Aflatoxin Contamination ◽  
Economic Losses ◽  
Bt Corn ◽  
Insurance Claims ◽  
The Impact

Abstract Previous field studies have reached no collective consensus on whether Bt corn, one of the most commonly planted transgenic crops worldwide, has significantly lower aflatoxin levels than non-Bt isolines. Aflatoxin, a mycotoxin contaminating corn and other commodities, causes liver cancer in humans and can pose severe economic losses to farmers. We found that from 2001–2016, a significant inverse correlation existed between Bt corn planting and aflatoxin-related insurance claims in the United States, when controlling for temperature and drought. Estimated benefits of aflatoxin reduction resulting from Bt corn planting are about $120 million to $167 million per year over 16 states on average. These results suggest that Bt corn use is an important strategy in reducing aflatoxin risk, with corresponding economic benefits. If the same principles hold true in other world regions, then Bt corn hybrids adapted to diverse agronomic regions may have a role in reducing aflatoxin in areas prone to high aflatoxin contamination, and where corn is a dietary staple.

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