Law Commons^™

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …

United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr

Journal of Food Law & Policy

This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

Fixing Hollingsworth: Standing In Initiative Cases, Karl Manheim, John S. Caragozian, Donald Warner

Loyola of Los Angeles Law Review

In Hollingsworth v. Perry, the Supreme Court dismissed an appeal filed by the “Official Proponents” of California’s Proposition 8, which banned same-sex marriage in California. Chief Justice Roberts’ majority opinion held that initiative sponsors lack Article III standing to defend their ballot measures even when state officials refuse to defend against constitutional challenges. As a result, Hollingsworth provides state officers with the ability to overrule laws that were intended to bypass the government establishment—in effect, an “executive veto” of popularly-enacted initiatives.

The Article examines this new “executive veto” in depth. It places Hollingsworth in context, discussing the initiative process …

Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham

Loyola of Los Angeles Law Review

During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from …

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Punitive Damages And The Drunken Driver, William C. Cooper

Pepperdine Law Review

A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …

Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe

Pepperdine Law Review

No abstract provided.

Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz

Pepperdine Law Review

No abstract provided.

Recent Developments In Alternative Dispute Resolution , Lee R. Petillon

Pepperdine Law Review

No abstract provided.

The Changing Face Of Mary Carter Agreements In California: The Aftermath Of Abbott Ford And Proposition 51, Thomas M. Gross

Pepperdine Law Review

No abstract provided.

The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd

Pepperdine Law Review

No abstract provided.

Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash

Pepperdine Law Review

No abstract provided.

Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg

Pepperdine Law Review

No abstract provided.

Collateral Participant Liability Under State Securities Laws, Douglas M. Branson

Pepperdine Law Review

No abstract provided.

California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks

Pepperdine Law Review

No abstract provided.

Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli

Pepperdine Law Review

No abstract provided.

Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy

Pepperdine Dispute Resolution Law Journal

The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …

California's Opportunity To Create Historical Precedent Regarding A Mediated Settlement Agreement's Effect On Mediation Confidentiality And Arbitrability , Susan Nauss Exon

Pepperdine Dispute Resolution Law Journal

Confidentiality serves as a cornerstone of mediation. The public policy underlying confidentiality is the promotion of candid communications between disputing parties. As explained in this article, mediation confidentiality affects more than just communication. It affects other important mediation values, such as party self-determination and mediator impartiality. Mediation confidentiality affects parties' ability to enforce their mediated agreements. Finally, confidentiality affects multiple dispute resolution processes, as seen by the interrelated nature of mediation and arbitration in the seminal case of Fair v. Bakhtiari.

Federal Procedure-Change Of Venue-Congestion Of Docket As A Factor Affecting Transfer Under Section 1404(A), Peter Van Domelen S.Ed.

Michigan Law Review

Plaintiff sued in the United States District Court for the Southern District of New York to recover damages under the Jones Act for illness sustained while he was serving as a seaman on the defendant's steamship. The defendant moved to transfer the action to the United States District Court for the Northern District of California pursuant to Title 28 U.S.C. § 1404(a) which provides: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." Evidence introduced showed that …

Federal Procedure-Mandamus-Use To Prevent Change Of Venue, Richard J. Darger S. Ed.

Michigan Law Review

Petitioners instituted a suit in the District Court for the Southern District of California seeking damages for alleged patent infringement. That court ordered the case transferred to the District Court for the District of Delaware on the ground that venue was not properly laid in the Southern District of California. Then petition was made to the Court of Appeals for the Ninth Circuit for mandamus to compel the judge of the lower court to withdraw the order of transfer. Held: petition denied. Mandamus will issue to prevent a transfer of a case to the district court of another circuit …

Process--Immunity From Service--Person Entering A State To File An Action, Patrick J. Ledwidge

Michigan Law Review

Petitioner, a resident of Missouri, entered California to gain custody of his child from its maternal grandmother. After eight days of fruitless negotiation he commenced habeas corpus proceedings. While attempting to serve the writ of habeas corpus, petitioner was served with a summons in an action brought by the grandmother for support of the child. When the trial court denied petitioner's motion to quash the service of summons on him, he sought a writ of prohibition from the district court of appeals to prevent further prosecution of the second action. Held, petition denied; petitioner's eight day delay justified inference …

Process--Immunity From Service--Person Entering A State To File An Action, Patrick J. Ledwidge

Michigan Law Review

Petitioner, a resident of Missouri, entered California to gain custody of his child from its maternal grandmother. After eight days of fruitless negotiation he commenced habeas corpus proceedings. While attempting to serve the writ of habeas corpus, petitioner was served with a summons in an action brought by the grandmother for support of the child. When the trial court denied petitioner's motion to quash the service of summons on him, he sought a writ of prohibition from the district court of appeals to prevent further prosecution of the second action. Held, petition denied; petitioner's eight day delay justified inference …

Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente

Michigan Law Review

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …