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Faculty Scholarship

2012

California

Articles 1 - 2 of 2

Full-Text Articles in Law

California Drops The Ball: The Lack Of A Clear Approach To Recklessness In Sport Injury Litigation, Joseph Hnylka Jan 2012

California Drops The Ball: The Lack Of A Clear Approach To Recklessness In Sport Injury Litigation, Joseph Hnylka

Faculty Scholarship

Joseph Hnylka, California Drops the Ball: The Lack of a Clear Approach to Recklessness in Sport Injury Litigation, 1 Virginia Sports & Entertainment Law Journal 77 (2012).


Can Wrongful Death Damages Recovered By A Married Person Be Separate Property Under California Law?, William A. Reppy Jr. Jan 2012

Can Wrongful Death Damages Recovered By A Married Person Be Separate Property Under California Law?, William A. Reppy Jr.

Faculty Scholarship

Existing California judicial precedent uniformly holds that damages recovered by a married person based on the wrongful death of a relative of the married person during the marriage—and while the spouses were not living separate and apart—is entirely community property. Under the theoretical basis for this community property classification, it is irrelevant that the person tortiously killed was a child or grandchild only of the plaintiff- or payee-spouse and had no legally recognized relationship to that party’s husband or wife, who becomes owner of half the recovery because of its classification as community property. This Article rejects this community property …