This paper aims to answer one question: what does waiver of tort allow a plaintiff to recover? While the approach outlined in this paper is not settled law (there is very little in the waiver of tort that is settled law), it is an approach that is fair to both plaintiff and defendant, and one that makes contextual and logical sense.
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BY PapeChaudhuryLaw
Paul Pape, Shantona Chaudhury and Cristina Senese successfully appealed MDS’ entire $25M award. The main issue concerned the interpretation of an exclusion clause in