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Relatively recently, courts have begun awarding damages in certain cases for “loss of enjoyment of life,” also called “hedonic damages,” named for the ancient Greek school of philosophy called “Hedonists” who believed that life should focus on the pursuit of pleasure. The concept of a person being compensated for “loss of enjoyment of life” re…

An increasing array of goods and services are offered through “franchises.” Franchising is not a new concept, but it has exploded in popularity; according to statistics compiled by Price Waterhouse Coopers in 2005 (the latest year for which data was available), franchising is a business model used in over 70 industries in the United States which generates over $2.3 trillion in U…

In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing exception is the doctrine of “respondeat superior,” a Latin term meaning “let the master answer.” Historically, the doctrine allowed recovery from a master/employer for injuries caused by a servant/employee. One rationale was that the employer o…

Elder abuse is a growing problem. As medical conditions become more serious and debilitating, the elderly are often unable to care for themselves. Accordingly, the elderly may become more dependent on those who care for them, and subsequently, more susceptible to abuse. While many elders live in nursing homes, most live at home or with family. As such, abuse is most often perpetrated by adu…

In general, the broad term “elder abuse” is used to encompass several forms of misconduct directed toward individuals aged 60 or older. Elder abuse is considered to be a serious problem in the United States by the Administration on Aging (AoA) of the U.S. Department of Health & Human Services. The AoA reports that, each year, hundreds of thousands of older persons are abuse…