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Articles 1 - 30 of 97
Full-Text Articles in Law
Liability For Crossfit Trainers, Law Review
Liability For Crossfit Trainers, Law Review
GGU Law Review Blog
Even though injuries in CrossFit are not unusual, just like they’re not unusual or unexpected in any physical activity, the main issue in this post is how much responsibility should a CrossFit trainer have if an athlete does get hurt?
The Political Question Doctrine In The Ninth Circuit And Why It Should Not Have Barred The Adjudication Of Corrie V. Caterpillar, Kristina Maalouf
The Political Question Doctrine In The Ninth Circuit And Why It Should Not Have Barred The Adjudication Of Corrie V. Caterpillar, Kristina Maalouf
Golden Gate University Law Review
This Comment argues that the Ninth Circuit should not have affirmed the dismissal of Corrie v. Caterpillar. Although Rachel's death occurred in the context of the highly politicized Israeli-Palestinian conflict, the court's failure to find justiciable a cause of action between a U.S. citizen and a U.S. corporation was grounded on an undue application of the political question doctrine. The Ninth Circuit could have allowed the district court to adjudicate Rachel's family's claims under a narrow tort-liability framework without interfering with U.S. foreign policy. Rachel's family deserved the opportunity to litigate its case against Caterpillar, the company whose product …
The Monster In The Television: The Media's Contribution To The Consumer Litigation Boogeyman, Kimberlianne Podlas
The Monster In The Television: The Media's Contribution To The Consumer Litigation Boogeyman, Kimberlianne Podlas
Golden Gate University Law Review
This Article investigates and quantifies television's, specifically syndi-court's, function as a messenger of norms regarding litigation and litigiousness. After acknowledging the pervasiveness of litigation anxiety within the business world, the Article outlines deleterious effect of that anxiety on litigation management. It is suggested that restricting litigation management to traditional models of rational analysis - models that ignore the individual rationality of consumer plaintiffs - fails to achieve the goal of accurately assessing litigation risk.
How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation, Stacey Leffler Ravetta
How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation, Stacey Leffler Ravetta
Golden Gate University Law Review
This Note begins with a general discussion of failure to warn causes of action and the application of the learned intermediary doctrine thereto. Further, Part II discusses cases essential to understanding the background of the Norplant Litigation. Next, Parts III and IV explain the facts and procedural history underlying the Norplant Litigation. Part V first examines the federal district court's analysis of the case. It then discusses the Fifth Circuit's analysis of the federal district court's summary judgment ruling in AHP's favor. Part VI examines the federal district court's pivotal decision to apply the learned intermediary doctrine to the plaintiffs' …
Brown V. Superior Court: Drug Manufacturers Get Immunized From Strict Liability For Design Defects, Terrie Bialostok Brodie
Brown V. Superior Court: Drug Manufacturers Get Immunized From Strict Liability For Design Defects, Terrie Bialostok Brodie
Golden Gate University Law Review
In Brown v. Superior Court the California Supreme Court held that a drug manufacturer cannot be held strictly liable for harm caused by a prescription drug. In doing so, the court purported to adopt comment k of RESTATEMENT (SECOND) OF TORTS SECTION 402A (hereinafter comment k), but interpreted the comment as providing a blanket immunity from strict liability for design defects of prescription drugs. The court's decision gives prescription drug manufacturers broad protection against liability. A consumer injured due to the defective condition of a prescription drug must now prove negligence or failure to warn of a known risk.
Strict Liability For Prescription Drugs: Which Shall Govern-Comment K Or Strict Liability Applicable To Ordinary Products?, Charlotte Smith Siggins
Strict Liability For Prescription Drugs: Which Shall Govern-Comment K Or Strict Liability Applicable To Ordinary Products?, Charlotte Smith Siggins
Golden Gate University Law Review
This Comment will review the history of strict products liability and the policies which have shaped its development. It will examine the state of the law today regarding strict liability for harm caused by prescription drugs, and demonstrate that comment k should continue to govern prescription drugs. Furthermore, it will point out that sound reasoning and public policy dictate that the modified strict products liability of comment k, rather than ordinary strict products liability, is the appropriate theory to establish liability for prescription drugs; it is also the method most beneficial to society's needs. Finally, this Comment will predict how …
Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari
Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari
Annual Survey of International & Comparative Law
No abstract provided.
The Developing Definition Of Defect In California Products Liability, Jonathan H. Erb
The Developing Definition Of Defect In California Products Liability, Jonathan H. Erb
Golden Gate University Law Review
No abstract provided.
Pharmaceutical Data Protection Law And Policy And Their Effects On The Right To Medicines : A Comparative Analysis, Yun-Ching Yeh
Pharmaceutical Data Protection Law And Policy And Their Effects On The Right To Medicines : A Comparative Analysis, Yun-Ching Yeh
Theses and Dissertations
To examine the compatibility between data protection and the right to access medicines in the current data protection regimes, this study examines the concept of data protection in current legal regimes, examine exclusive data protection regime, discusses the impact of the right to medicines on data protection regime, finally provide sound legal reform and recommendations to improve the protection of pharmaceutical data. In its entirety, this research aims at researching the protection regime of pharmaceutical data from top to bottom; therefore, this research conducts a comprehensive analysis within three dimensions of protections: first, the international dimension represented by TRIPS, second; …
Media Violence Tort Cases: Problems Of Causation And The First Amendment, David Franklyn
Media Violence Tort Cases: Problems Of Causation And The First Amendment, David Franklyn
Publications
Introduction to the Northern Kentucky Law Review Symposium 2000.
Introduction To The Northern Kentucky Law Review Products Liability Symposium 1999, David Franklyn
Introduction To The Northern Kentucky Law Review Products Liability Symposium 1999, David Franklyn
Publications
Introduction to the Northern Kentucky Law Review Products Liability Symposium 1999.
The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David Franklyn
The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David Franklyn
Publications
In this Article, I argue that trademark licensors should be subjected to liability under the apparent manufacturer doctrine in two situations: (1) when a licensor induces consumers to believe the licensor manufactured the product, or (2) when a licensor induces consumers to believe that the licensor controlled the standards or specifications for manufacturing the product. Under either prong of the proposed test, a plaintiff would be required to show that a reasonable consumer of the licensed product would have relied on the trademark in the requisite manner. Once the plaintiff makes this showing, courts would then presume that the actual …
Will We Lose The War Against Asbestos In Buildings?, Assembly Office Of Research
Will We Lose The War Against Asbestos In Buildings?, Assembly Office Of Research
California Assembly
No abstract provided.
Joint Hearing On Proposition 51, Senate Committee On Judiciary, Assembly Committee On Judiciary
Joint Hearing On Proposition 51, Senate Committee On Judiciary, Assembly Committee On Judiciary
California Joint Committees
No abstract provided.
Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability
Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Procedural Reform, Joint Committee On Tort Liability
Transcript Of Hearing On Procedural Reform, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Government Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Government Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Products Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Products Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Professional Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Professional Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Gonzi V. Superior Court Of San Francisco, Jesse W. Carter
Gonzi V. Superior Court Of San Francisco, Jesse W. Carter
Jesse Carter Opinions
Court granted writ of mandate directing the trial court to permit plaintiff to have a court reporter to be present when she submitted to a court ordered physical examination by a doctor employed by defendants in a negligence suit.
Courtell V. Mceachen [Dissent], Jesse W. Carter
Courtell V. Mceachen [Dissent], Jesse W. Carter
Jesse Carter Opinions
The evidence supported the theory that a five-year-old minor child was contributorily negligent with respect to her injuries, so it was reversible error to give the jury an instruction that negated the child's contributory negligence.
Hunter V. Mohawk Petroleum Corp. [Dissent], Jesse W. Carter
Hunter V. Mohawk Petroleum Corp. [Dissent], Jesse W. Carter
Jesse Carter Opinions
A California gas station was not liable for personal injury one customer caused to another customer where no evidence showed that the gas station was on notice that the customer was acting, or might act, negligently.
Gomes V. Byrne [Dissent], Jesse W. Carter
Gomes V. Byrne [Dissent], Jesse W. Carter
Jesse Carter Opinions
Because plaintiff assumed the risk that a dog barking at him through a fence would bite him if he entered through the gate of the fence, the dog's owner was not liable for injuries resulting from the dog bite.
Laird V. T. W. Mather, Inc. [Dissent], Jesse W. Carter
Laird V. T. W. Mather, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a personal injury action brought by a customer against a department store, the trial court committed reversible error by instructing the jury on the presumption of due care after the customer had testified as to her own acts and conduct.
San Francisco V. Ho Sing, Jesse W. Carter
San Francisco V. Ho Sing, Jesse W. Carter
Jesse Carter Opinions
Municipality had a right to recover indemnity from property owners for the amount it was compelled to pay a pedestrian for injuries received when she fell over a defective skylight in a sidewalk in front of the abutting property owners' premises.
Kollert V. Cundiff [Dissent], Jesse W. Carter
Kollert V. Cundiff [Dissent], Jesse W. Carter
Jesse Carter Opinions
A jury instruction on contributory negligence with respect to an adult passenger was prejudicial where the jury might have believed that the driver's negligence was attributable to the adult riding in the car.
Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter
Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where the legislature had not changed the common law rule that a wife could not recover for the loss of consortium resulting from her husband's negligent injury, the wife had no claim for such losses against those who caused her husband's injury.
Alarid V. Vanier [Dissent], Jesse W. Carter
Alarid V. Vanier [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a driver rear-ended another car, there was sufficient evidence for a jury to conclude that the driver took reasonable steps to maintain his brakes, and therefore the driver was able to overcome the statutory presumption of negligence.
Trust V. Arden Farms Co. [Dissent], Jesse W. Carter
Trust V. Arden Farms Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The doctrine of res ipsa loquitur was not applicable where defendant relinquished all control of the instrumentality that caused the injury and the plaintiff failed to show that its condition did not change since defendant relinquished control.
Vater V. County Of Glenn [Dissent], Jesse W. Carter
Vater V. County Of Glenn [Dissent], Jesse W. Carter
Jesse Carter Opinions
Governmental immunity barred a wrongful death action brought against an irrigation district by an injured party for the deaths of her husband and son, who were killed when they drove into a canal from a bridge that contained no warning devices