Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
Full-Text Articles in Law
Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson
Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson
Pepperdine Law Review
No abstract provided.
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor
Pepperdine Law Review
The California Supreme Court, in the novel and unprecedented case of Sindell v. Abbott Laboratories, eliminated the plaintiffs burden of identification of a negligent party, and thus the causation requirement, in a multiple party tort action. In the course of this decision, the court adopted the "market share" theory of liability which dictated in Sindell that nonidentifiable defendant-manufacturers of the generic drug DES would be liable for the damages in proportion to their share of business in the market. The author thoroughly examines various theories of recovery, such as "alternative liability," "concert of action" and "enterprise liability," which the court …
Molien V. Kaiser Foundation Hospitals: Negligent Infliction Of Emotional Distress, Michael P. Messina
Molien V. Kaiser Foundation Hospitals: Negligent Infliction Of Emotional Distress, Michael P. Messina
Pepperdine Law Review
In Molien v. Kaiser Foundation Hospitals, the California Supreme Court recognized that the interest in freedom from negligent infliction of mental distress is a protectable interest, and that an accompanying physical injury need not exist in order to recover damages. The author presents a discussion of the history and policies behind the right to recover from negligently inflicted emotional distress. The author also discusses and analyzes the court's opinion in Molien and agrees with the court that the fears of opening the floodgate of litigation which before Molien precluded recovery, was arbitrary. Finally, the author concludes that the holding is …
Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright
Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright
Pepperdine Law Review
Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Pepperdine Law Review
The California Supreme Court, in Hubbard v. Boelt, extended the reach of the fireman's rule to bar a suit brought by a policeman who was injured by the willful and wanton conduct of a speeding motor is while pursuing that motorist. This is an important development in tort law because, traditionally, the fireman's rule had only been applied to bar suits by firemen and policemen who were injured by the negligent conduct of another which was the cause of their presence at the scene. This author suggests that the majority's rationale underlying this extension was flawed because of the fundamental …
Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida
Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida
Pepperdine Law Review
No abstract provided.
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
Pepperdine Law Review
No abstract provided.
Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash
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
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.
Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner
Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner
Pepperdine Law Review
No abstract provided.
The September 11th Victim Compensation Fund: The Answer To Victim Relief?, Joe Ward
The September 11th Victim Compensation Fund: The Answer To Victim Relief?, Joe Ward
Pepperdine Dispute Resolution Law Journal
The events of September 11, 2001 shook America to its core. The world was forever changed as the horrific tragedy unfolded on live television. Families were destroyed as loved ones were severely injured or killed, leaving spouses and children in need of aid. In response, the United States government established the September 11th Victims' Compensation Fund in an effort to provide the necessary reparations to victims of the terrorist attacks. This article will analyze the September 11th Victims' Compensation Fund (hereafter "Fund") as a way of compensating victims while preserving the financial stability of the United States economy. This Fund …
The Perfect Storm, An Imperfect Response, And A Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against The Government?, Tarak Anada
Pepperdine Law Review
No abstract provided.
The Impact Of The Civil Jury On American Tort Law, Michael D. Green
The Impact Of The Civil Jury On American Tort Law, Michael D. Green
Pepperdine Law Review
This article, a contribution to a symposium on the what American tort law can contribute to the rest of the world expresses skepticism that a considerable swath of U.S. tort law would be of interest to the rest of the world. The thesis is that American tort law has been shaped by the existence of the civil jury, unique to the U.S, and areas of domestic tort law so influenced have no utility internationally. The article catalogues many such areas and discusses several of them.
What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen
What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen
Pepperdine Law Review
No abstract provided.