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Torts Commons

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Litigation

Pepperdine University

Damages

Publication Year

Articles 1 - 5 of 5

Full-Text Articles in Torts

Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen Feb 2013

Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen

Pepperdine Law Review

No abstract provided.


Liability Cure-All For Insidious Disease Claims, Susan Frankewich Jan 2013

Liability Cure-All For Insidious Disease Claims, Susan Frankewich

Pepperdine Law Review

Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.


Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash Nov 2012

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

Pepperdine Law Review

No abstract provided.


Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum Oct 2012

Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum

Pepperdine Law Review

No abstract provided.


Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii Oct 2012

Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii

Pepperdine Law Review

No abstract provided.