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You Are Here: Torts
        Restricted11. Divorce Source: INTERSPOUSAL TORTS FRAUDULENT PROPERTY TRANSFERS
(�1998) In this groundbreaking new decision, the Texas Supreme Court puts the brakes on its recent trend to permit interspousal tort suits. The ruling bars interspousal tort claims and the recovery of punitive ...
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        Restricted12. Divorce Source: ECONOMIC TORT ACTIONS AGAINST THIRD PARTIES
As acceptance of economic torts becomes more prevalent, plaintiffs have been casting the net wider to sue not only the offending spouse but also those who aided the offending spouse in the fraud. One possible avenue of recovery is civil conspiracy. ...
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        Restricted13. Divorce Source: THE INTERSPOUSAL TORT SUIT: A NEW AVENUE OF RECOVERY FOR MARITAL MISCONDUCT
This article does not address these preliminary issues, but rather focuses on the issue of liability itself. Through a survey of recent cases, we will identify the tort theories most commonly asserted between spouses, examine the facts offered in support, and discuss the decisions on the merits. ...
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        Restricted14. Divorce Source: CLASSIFICATION OF TORT AWARDS
Last month, we updated case law applying the analytic and mechanistic approaches to classifying tort awards. This month, we will consider, under the analytic approach, how the court decides to apportion an unapportioned award among the various components of the tort award, the recent trend toward a ...
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        Restricted15. Divorce Source: POSTDIVORCE TORT CLAIM BASED ON CONCEALMENT OF ASSETS
(�1998) This important new decision recognizes a tort action for concealment of community property. The courts discussion of pertinent public policy concerns makes the opinion valuable outside California. ...
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        Restricted16. Divorce Source: CLASSIFICATION OF WRONGFUL DEATH SETTLEMENT
(�1998)The proceeds of a settlement for the wrongful death of the wifes child by a prior union were her separate property ...
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        Restricted17. Divorce Source: INTERSPOUSAL TORT CLAIMS - RES JUDICATA
(�1998) In support of her motion for temporary spousal support, she testified that she needed continual medical and physical therapy treatment for the injuries she incurred in the assault. Eventually, the ...
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        Restricted18. Divorce Source: CLASSIFICATION OF FELA SETTLEMENT
(�1998) During the parties separation, the husband received a net settlement of approximately $52,000 on his claim under the Federal Employers Liability Act FELA for injuries sustained on his railroad job two ...
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        Restricted19. Divorce Source: PERSONAL INJURY AWARD - CLASSIFICATION
(�1998) The husbands unrebutted testimony that his personal injury settlement was to compensate for future injuries, losses, and damages established that the entire settlement was his separate property ...
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        Restricted20. Divorce Source: INTERSPOUSAL TORT CLAIMS - JURY TRIAL
(�1996) Family courts have discretion to decide whether or not the victim of a marital tort will receive a jury trial on her tort claim that is joined with a divorce action ...
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