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Articles 91 - 120 of 146
Full-Text Articles in Torts
Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek, Denise Dunleavy
Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek, Denise Dunleavy
Pepperdine Law Review
No abstract provided.
Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall
Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall
Pepperdine Law Review
No abstract provided.
Taking Aim: The Impetus Driving Suits Against Gun Manufacturers , Mark Barnes
Taking Aim: The Impetus Driving Suits Against Gun Manufacturers , Mark Barnes
Pepperdine Law Review
No abstract provided.
From Cigarettes To Alcohol: The Next Step In Hedonic Product Liability?, Robert F. Cochran Jr.
From Cigarettes To Alcohol: The Next Step In Hedonic Product Liability?, Robert F. Cochran Jr.
Pepperdine Law Review
While generally courts seem to have stopped and in many cases reversed the expansion of product liability, cigarette litigation is one of the few areas where there are signs of expanding tort liability. Cochran looks at the similarities between cigarettes and alcohol in considering whether alcohol manufacturers may be the next target of product liability lawsuits. The similarities between cigarettes and alcohol are numerous. Both are hedonic products, or products whose primary purpose is to provide pleasure. They are also both dangerous to users and bystanders, and society as a whole. Currently, many of the costs created by hedonic products …
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.
Pepperdine Law Review
In 1998 the tobacco industry reached a settlement with the government for $246 billion. The massive size and scope of the states' tobacco settlement will inevitably exert a powerful influence on tort litigation for decades. The proliferation of copycat lawsuits, such as lead paint claims, seeking to emulate the spectacular success of the tobacco lawsuits will be one of the first aftershocks. The appropriate legislative response to this copycat litigation is to enact legislation limiting mass tort claims by states and other government entities. Because politics and economics may be influencing the filing of these lawsuits, rather than a purer …
Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown
Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown
Pepperdine Law Review
No abstract provided.
Lead Paint Public Entity Lawsuits: Has The Broad Stroke Of Tobacco And Firearms Litigation Painted A Troubling Picture For Lead Paint Manufacturers?, Amber E. Dean
Pepperdine Law Review
No abstract provided.
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Pepperdine Law Review
No abstract provided.
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Federalism And Preemption In October Term 1999, Jonathan D. Varat
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.
"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts
"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts
Pepperdine Law Review
No abstract provided.
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Pepperdine Law Review
The common law doctrine of absolute immunity provided to litigation lawyers is said to be "as old as law." This centuries-old doctrine protects litigators from lawsuits instigated by the adversaries of their clients. It is typically invoked, irrespective of any nefarious or malicious motives, so long as the course of action taken bears some reasonable relation to the lawsuit. This Article examines the historical antecedents of the litigation privilege as well as the policies motivating its creation. It also provides a comprehensive description of the doctrine of absolute immunity, explores the circumstances in which it has been applied, and discusses …
State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess
State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess
Pepperdine Law Review
No abstract provided.
Addressing The "Elephantine Mass" Of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) And Case Management Plans That Defer Claims Filed By The Non-Sick, Victor E. Schwartz, Mark A, Behrens, Rochelle M. Tedesco
Addressing The "Elephantine Mass" Of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) And Case Management Plans That Defer Claims Filed By The Non-Sick, Victor E. Schwartz, Mark A, Behrens, Rochelle M. Tedesco
Pepperdine Law Review
No abstract provided.
Merging Roles: Mass Tort Lawyers As Agents And Trustees, Charles Silver
Merging Roles: Mass Tort Lawyers As Agents And Trustees, Charles Silver
Pepperdine Law Review
No abstract provided.
The Cumulative Sources Of The Asbestos Litigation Phenomenon, George L. Priest
The Cumulative Sources Of The Asbestos Litigation Phenomenon, George L. Priest
Pepperdine Law Review
No abstract provided.
Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern
Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern
Pepperdine Law Review
No abstract provided.
Legislative Attempts To Address Asbestos Litigation, Steven Kazan
Legislative Attempts To Address Asbestos Litigation, Steven Kazan
Pepperdine Law Review
No abstract provided.
Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr
Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr
Pepperdine Law Review
Over a decade ago, the Federal Judicial Conference warned of an asbestos litigation “disaster of major proportions.” The Supreme Court of the United States has described the litigation as a “crisis.” According the RAND Institute for Civil Justice, by the end of 2000, more than 600,000 asbestos claims were filed. RAND estimates that as many as three million more plaintiffs may eventually file claims. Most new claimants are not sick. The flood of claims has forced almost sixty companies into bankruptcy; many of these bankruptcies are very recent. As a result, defendants with only remote connections to asbestos – known …
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Pepperdine Law Review
No abstract provided.
Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli
Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli
Pepperdine Law Review
No abstract provided.
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman
Pepperdine Law Review
More than 100,000 new asbestos claims were filed in 2003, the most ever in one year. Asbestos litigation thus continues to thrive even though 80-90% of claimants have no illness recognized by medical science, let alone suffer any lung impairment. To explain how this disconnect between medical science and tort litigation has come about, I cover the following subjects: 1) medical consequences of exposure to asbestos-containing materials; 2) the phenomenon of the unimpaired claimant; 3) medical evidence with regard to the incidence of asbestosis; 4) the effect on asbestos litigation of the failure of the Manville Trust audit to be …
Alternatives To Asbestos Impairment Standards, Alan Brayton
Alternatives To Asbestos Impairment Standards, Alan Brayton
Pepperdine Law Review
No abstract provided.
Keeping Junk Science Out Of Asbestos Litigation, David E. Bernstein
Keeping Junk Science Out Of Asbestos Litigation, David E. Bernstein
Pepperdine Law Review
No abstract provided.
Asbestos & The Sleeping Constitution, Griffin B. Bell
Asbestos & The Sleeping Constitution, Griffin B. Bell
Pepperdine Law Review
No abstract provided.
Is Silica The Next Asbestos? An Analysis Of Silica Litigation And The Sudden Resurgence Of Silica Lawsuit Filings, Melissa Shapiro
Is Silica The Next Asbestos? An Analysis Of Silica Litigation And The Sudden Resurgence Of Silica Lawsuit Filings, Melissa Shapiro
Pepperdine Law Review
No abstract provided.
A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver
A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver
Pepperdine Law Review
No abstract provided.
A Rejoinder To The Rejoinder To On The Theory Class's Theories Of Asbestos Litigation, Lester Brickman
A Rejoinder To The Rejoinder To On The Theory Class's Theories Of Asbestos Litigation, Lester Brickman
Pepperdine Law Review
This short essay is a partial response to an essay by Professor Charles Silver contesting assertions I set forth in an article titled, "On The Theory Class's Theories of Asbestos Litigation: The Disconnect Between Scholarship and Reality", 31 Pepp. L. Rev. 33 (2003-04), in which I responded to several personal attacks against me by Professor Silver. Since Professor Silver was permitted to substantially add to his essay after I submitted my Rejoinder and I was not provided with these extensive additions, my response is necessarily incomplete. Professor Silver's essay is titled, "A Rejoinder to Lester Brickman", 32 Pepp. L. Rev. …
Acceptance Speech: The Fleming Award 2004, Allen M. Linden
Acceptance Speech: The Fleming Award 2004, Allen M. Linden
Pepperdine Law Review
No abstract provided.