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Articles 1 - 14 of 14

Full-Text Articles in Law

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas Aug 2018

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming


It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson Jan 2013

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.


Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller Jan 2013

Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller

Catholic University Law Review

No abstract provided.


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.


Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle Nov 2012

Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle

Pepperdine Law Review

No abstract provided.


Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue Nov 2012

Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue

Michigan Law Review

This Article explores the potential value of insurance as a substitute for government regulation of safety. Successful regulation of behavior requires information in setting standards, licensing conduct, verifying outcomes, and assessing remedies. In various areas, the private insurance sector has technological advantages in collecting and administering the information relevant to setting standards and could outperform the government in creating incentives for optimal behavior. We explore several areas that are regulated more by private insurance than by government. In those areas, the role of the law diminishes to the administration of simple rules of absolute liability or no liability, and affected …


Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi Oct 2012

Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi

Pepperdine Law Review

No abstract provided.


Patients As Consumers: Courts, Cotnracts, And The New Medical Marketplace, Mark A. Hall, Carl E. Schneider Jan 2008

Patients As Consumers: Courts, Cotnracts, And The New Medical Marketplace, Mark A. Hall, Carl E. Schneider

Michigan Law Review

The persistent riddle of health-care policy is how to control the costs while improving the quality of care. The riddle's oncepromising answer-managed care-has been politically ravaged, and consumerist solutions are now winning favor This Article examines the legal condition of the patient-as-consumer in today's health-care market. It finds that insurers bargain with some success for rates for the people they insure. The uninsured, however, must contract to pay whatever a provider charges and then are regularly charged prices that are several times insurers'pricesa nd providers' actual costs. Perhaps because they do not understand the healthcare market, courts generally enforce these …


Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes Jan 2006

Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes

Seattle University Law Review

On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the …


The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr. Jan 1991

The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.

Seattle University Law Review

This Note posits two recommendations. First, in order to harmonize the bad faith standards applied in Kallevig and Gingrich, the Kallevig reasonable justification standard should be applied in situations involving questions similar to those confronted by the Gingrich court. Second, this Note contends that the Kallevig court's analysis imposing liability under the CPA was defective because it failed to take proper account of the frequency requirement within the unfair trade practices regulations. By ignoring the frequency provision, the Kallevig decision allows inconsistent treatment of similar factual situations depending on whether the decision is being made by an agency or …


Consumer Protection - The Unfair Trade Practices Act And The Insurance Code: Does Per Se Necessarily Preempt? - Pearce V. American Defender Life Insurance Co., Cindy C. Heenan Jan 1988

Consumer Protection - The Unfair Trade Practices Act And The Insurance Code: Does Per Se Necessarily Preempt? - Pearce V. American Defender Life Insurance Co., Cindy C. Heenan

Campbell Law Review

This Note will address two main issues. The first issue is whether a violation of the Insurance Code regulatory section entitled "Unfair Trade Practices" should be a per se unfair trade practice under the UTPA. The second is whether the Insurance Code preempts the UTPA in defining unfair insurance practices.


Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff Jan 1986

Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff

Seattle University Law Review

In 1984, a Florida court of appeals held that the Florida statutes prohibiting insurance agents from rebating part of their commissions to customers violated the due process clause of the Florida Constitution. The court concluded that no rational relationship exists between the anti-rebate statutes and the legitimate state purpose of protecting the public. The Florida decision is noteworthy because every state prohibits insurance agents and brokers from rebating to their customers a part of the commission earned from the sale of an insurance policy. In addition, every state prohibits unfair discrimination in pricing insurance policies and prohibits agreements between agents …


Comment: An Analysis Of The Fair Credit Reporting Act Jan 1972

Comment: An Analysis Of The Fair Credit Reporting Act

Fordham Urban Law Journal

This comment will examine the Fair Credit Reporting Act and discuss the significance of the more important provisions.


Mail-Order Insurance: The F.T.C. Rides Again, Mary M. Walker Jan 1964

Mail-Order Insurance: The F.T.C. Rides Again, Mary M. Walker

Maryland Law Review

No abstract provided.