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Articles 1 - 16 of 16

Full-Text Articles in Law

Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson May 2013

Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson

Pepperdine Law Review

No abstract provided.


California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor Feb 2013

California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor

Pepperdine Law Review

The California Supreme Court, in the novel and unprecedented case of Sindell v. Abbott Laboratories, eliminated the plaintiffs burden of identification of a negligent party, and thus the causation requirement, in a multiple party tort action. In the course of this decision, the court adopted the "market share" theory of liability which dictated in Sindell that nonidentifiable defendant-manufacturers of the generic drug DES would be liable for the damages in proportion to their share of business in the market. The author thoroughly examines various theories of recovery, such as "alternative liability," "concert of action" and "enterprise liability," which the court …


Molien V. Kaiser Foundation Hospitals: Negligent Infliction Of Emotional Distress, Michael P. Messina Feb 2013

Molien V. Kaiser Foundation Hospitals: Negligent Infliction Of Emotional Distress, Michael P. Messina

Pepperdine Law Review

In Molien v. Kaiser Foundation Hospitals, the California Supreme Court recognized that the interest in freedom from negligent infliction of mental distress is a protectable interest, and that an accompanying physical injury need not exist in order to recover damages. The author presents a discussion of the history and policies behind the right to recover from negligently inflicted emotional distress. The author also discusses and analyzes the court's opinion in Molien and agrees with the court that the fears of opening the floodgate of litigation which before Molien precluded recovery, was arbitrary. Finally, the author concludes that the holding is …


Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright Feb 2013

Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright

Pepperdine Law Review

Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …


Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston Feb 2013

Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston

Pepperdine Law Review

The California Supreme Court, in Hubbard v. Boelt, extended the reach of the fireman's rule to bar a suit brought by a policeman who was injured by the willful and wanton conduct of a speeding motor is while pursuing that motorist. This is an important development in tort law because, traditionally, the fireman's rule had only been applied to bar suits by firemen and policemen who were injured by the negligent conduct of another which was the cause of their presence at the scene. This author suggests that the majority's rationale underlying this extension was flawed because of the fundamental …


Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida Jan 2013

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, Jeffrey S. Wohlner Jan 2013

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.


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.


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.


Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad Oct 2012

Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad

Pepperdine Law Review

No abstract provided.


Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady Jul 2012

Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady

Pepperdine Law Review

No abstract provided.


Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner Apr 2012

Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner

Pepperdine Law Review

No abstract provided.


Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner Mar 2012

Going After The 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct Or The Negligent Practice Of Medicine?, Jennifer A. Turner

Pepperdine Law Review

No abstract provided.


The Perfect Storm, An Imperfect Response, And A Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against The Government?, Tarak Anada Mar 2012

The Perfect Storm, An Imperfect Response, And A Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against The Government?, Tarak Anada

Pepperdine Law Review

No abstract provided.


The Impact Of The Civil Jury On American Tort Law, Michael D. Green Jan 2012

The Impact Of The Civil Jury On American Tort Law, Michael D. Green

Pepperdine Law Review

This article, a contribution to a symposium on the what American tort law can contribute to the rest of the world expresses skepticism that a considerable swath of U.S. tort law would be of interest to the rest of the world. The thesis is that American tort law has been shaped by the existence of the civil jury, unique to the U.S, and areas of domestic tort law so influenced have no utility internationally. The article catalogues many such areas and discusses several of them.


What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen Jan 2012

What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen

Pepperdine Law Review

No abstract provided.