Liability Cure-All For Insidious Disease Claims,
2013
Pepperdine University
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.
The Right Of Publicity: "You Can't Take It With You",
2013
Pepperdine University
The Right Of Publicity: "You Can't Take It With You", Timothy C. Williams
Pepperdine Law Review
The "right of publicity," a progeny of the right to privacy, has evolved into a valuable property right of the rich and famous. However, indecisive courts and disinterested legislatures have failed to arrive at any consensus on whether the "right of publicity" should be descendible and inheritable upon its owner's death. This comment seeks to evaluate the sundry arguments and policies concerning this issue, and to advocate a freely descendible 'right of publicity."
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival,
2013
Pepperdine University
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Pepperdine Law Review
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that "but for" the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a "chance" of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions.
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media,
2013
Pepperdine University
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Pepperdine Law Review
Negligent infliction of emotional distress is becoming an increasingly popular cause of action to be utilized against media defendants. This article begins by tracing the development of the tort and explaining its central elements through cases involving mass media defendants. It studies the relationship between negligent infliction and the torts of libel, invasion of privacy, and intentional infliction of emotional distress. After considering the appropriate balance between expression and emotional tranquility, it is concluded that negligent infliction actions present an ominous threat to the free flow of expression. Sound policy considerations, flowing in part from the first amendment, dictate that …
In Search Of Adequate Compensation For Toxic Waste Injuries: Who And How To Sue ,
2013
Pepperdine University
In Search Of Adequate Compensation For Toxic Waste Injuries: Who And How To Sue , David W. Duce
Pepperdine Law Review
No abstract provided.
The Liability Of Providers Of Alcohol: Dram Shop Acts?,
2013
Pepperdine University
The Liability Of Providers Of Alcohol: Dram Shop Acts?, Emery J. Mishky
Pepperdine Law Review
No abstract provided.
Air Bag Litigation: Plaintiffs, Start Your Engines,
2013
Pepperdine University
Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters
Pepperdine Law Review
No abstract provided.
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt,
2013
Pepperdine University
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano
Pepperdine Law Review
No abstract provided.
A Duty To Rescue: The Good, The Bad And The Indifferent—The Bystander's Dilemma,
2013
Pepperdine University
A Duty To Rescue: The Good, The Bad And The Indifferent—The Bystander's Dilemma, Claire Elaine Radcliffe
Pepperdine Law Review
No abstract provided.
Intentional Infliction: Should Section 46 Be Revised?,
2013
Pepperdine University
Intentional Infliction: Should Section 46 Be Revised?, Willard H. Pedrick
Pepperdine Law Review
No abstract provided.
A Cap On The Defendant's Appeal Bond?: Punitive Damages Tort Reform,
2013
Washington and Lee University School of Law
A Cap On The Defendant's Appeal Bond?: Punitive Damages Tort Reform, Doug Rendleman
Doug Rendleman
None available.
Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships,
2013
Pepperdine University
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,
2013
Pepperdine University
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.
Dun & Bradstreet, Inc. V. Greenmoss Builders, Inc.: Does The Actual Malice Standard Of Gertz V. Robert Welch, Inc. Apply To Speech On Matters Of Purely Private Concern?,
2013
Pepperdine University
Dun & Bradstreet, Inc. V. Greenmoss Builders, Inc.: Does The Actual Malice Standard Of Gertz V. Robert Welch, Inc. Apply To Speech On Matters Of Purely Private Concern?, Jeff Boykin
Pepperdine Law Review
No abstract provided.
The Risky Interplay Of Tort And Criminal Law: Punitive Damages,
2013
Columbia Law School
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
Daniel M Braun
The rise of modern mass tort litigation in the U.S. has transformed punitive damages into something of a “hot button” issue. Since the size of punitive damage awards grew so dramatically in the past half century, this private law remedy has begun to involve issues of constitutional rights that traditionally pertained to criminal proceedings. This has created a risky interplay between tort and criminal law, and courts have thus been trying to find ways to properly manage punitive damage awards. The once rapidly expanding universe of punitive damages is therefore beginning to contract. There remain, however, very serious difficulties. Despite …
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities,
2013
Pepperdine University
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco
Pepperdine Law Review
No abstract provided.
Intramilitary Tort Immunity: A Constitutional Justification ,
2013
Pepperdine University
Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo
Pepperdine Law Review
No abstract provided.
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations ,
2013
Pepperdine University
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr
Pepperdine Law Review
No abstract provided.
The Overruling Of Royal Globe: A "Royal Bonanza" For Insurance Companies, But What Happens Now?,
2013
Pepperdine University
The Overruling Of Royal Globe: A "Royal Bonanza" For Insurance Companies, But What Happens Now?, Michael J. Gainer
Pepperdine Law Review
No abstract provided.
It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts ,
2013
Pepperdine University
It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson
Pepperdine Law Review
No abstract provided.
