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Torts

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2012

Institution
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Articles 1 - 30 of 141

Full-Text Articles in Law

Product Liability, Franklin P. Brannen Jr., Jacob E. Daly Dec 2012

Product Liability, Franklin P. Brannen Jr., Jacob E. Daly

Mercer Law Review

This Article surveys developments in Georgia product liability law between June 1, 2011 and May 31, 2012.'This Article covers noteworthy cases decided during this period by the Supreme Court of Georgia, the Court of Appeals of Georgia, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.


Torts, Phillip Comer Griffeth, Cash V. Morris Dec 2012

Torts, Phillip Comer Griffeth, Cash V. Morris

Mercer Law Review

This Article surveys recent developments in Georgia tort law between June 1, 2011 and May 31, 2012. Unlike previous years, this Article will not review apportionment of fault under section 51-12-33 of the Official Code of Georgia Annotated (O.C.G.A.) as this issue has garnered such significance so as to require a dedicated article in this edition of the Mercer Law Review.


Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton Dec 2012

Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton

Mercer Law Review

For most of its history, Georgia followed the traditional common law rule of joint and several liability and the equally well-settled principle that negligence could not be compared with intent when apportioning liability. Both of those propositions were dramatically altered by the enactment of the 2005 amendments to the Official Code of Georgia Annotated (O.C.G.A.) section 51-12-33 as construed by the Georgia Supreme Court in two recent opinions. In McReynolds v. Krebs, the court held that pursuant to O.C.G.A. § 51-12-33(b): (1) damages must be apportioned among persons who are liable according to percentages of fault of each person …


A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler Nov 2012

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler

Pepperdine 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.


Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg Nov 2012

Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg

Pepperdine Law Review

No abstract provided.


Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe Nov 2012

Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe

Pepperdine Law Review

No abstract provided.


Vaccines And The Law, Michael Sanzo Ph.D. Nov 2012

Vaccines And The Law, Michael Sanzo Ph.D.

Pepperdine Law Review

The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …


An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson Nov 2012

An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson

Pepperdine Law Review

No abstract provided.


Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon Nov 2012

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.


An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commercial Code Section 2-318 (Alternative A), William L. Stallworth Nov 2012

An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commercial Code Section 2-318 (Alternative A), William L. Stallworth

Pepperdine Law Review

No abstract provided.


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Nov 2012

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller Nov 2012

Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller

Pepperdine Law Review

No abstract provided.


According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen Nov 2012

According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen

Pepperdine Law Review

No abstract provided.


Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin Nov 2012

Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin

Pepperdine Law Review

No abstract provided.


Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky Nov 2012

Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky

Pepperdine Law Review

No abstract provided.


Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens Nov 2012

Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens

Pepperdine Law Review

No abstract provided.


Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea Nov 2012

Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea

Pepperdine Law Review

No abstract provided.


It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano Nov 2012

It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano

Pepperdine Law Review

No abstract provided.


California Supreme Court Survey - A Review Of Decisions: September 1995-December 1996, Roger Shaar Oct 2012

California Supreme Court Survey - A Review Of Decisions: September 1995-December 1996, Roger Shaar

Pepperdine Law Review

No abstract provided.


Celotex Corp. V. Edwards: The Supreme Court Expands The Jurisdiction Of Bankruptcy Courts By Barring Collateral Attacks Against Their Injunctions, But Some Questions Remain Unanswered, Daniel Mccloskey Oct 2012

Celotex Corp. V. Edwards: The Supreme Court Expands The Jurisdiction Of Bankruptcy Courts By Barring Collateral Attacks Against Their Injunctions, But Some Questions Remain Unanswered, Daniel Mccloskey

Pepperdine Law Review

No abstract provided.


Romer V. Evans: Gay Americans Find Shelter After Stormy Legal Odyssey, Gary Alan Collis Oct 2012

Romer V. Evans: Gay Americans Find Shelter After Stormy Legal Odyssey, Gary Alan Collis

Pepperdine Law Review

No abstract provided.


When Is A Biological Father Really A Dad?, Tracy Cashman Oct 2012

When Is A Biological Father Really A Dad?, Tracy Cashman

Pepperdine Law Review

No abstract provided.


Alternative Dispute Resolution, L. Randolph Lowry Oct 2012

Alternative Dispute Resolution, L. Randolph Lowry

Pepperdine Law Review

No abstract provided.


Punitive Damages, J. Donald Bowen, Kim Brown, Oliver S. Howard Oct 2012

Punitive Damages, J. Donald Bowen, Kim Brown, Oliver S. Howard

Pepperdine Law Review

No abstract provided.


The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman Oct 2012

The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman

Pepperdine Law Review

No abstract provided.


2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker Oct 2012

2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker

Pepperdine Law Review

No abstract provided.


Wide View Of Tort Reform, Ronald D. Krist Oct 2012

Wide View Of Tort Reform, Ronald D. Krist

Pepperdine Law Review

No abstract provided.


Inside The Restatement, Aaron D. Twerski Oct 2012

Inside The Restatement, Aaron D. Twerski

Pepperdine Law Review

No abstract provided.