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Full-Text Articles in Law
Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman
Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman
Golden Gate University Law Review
This Note will address several questions which are both old and new in tort law. How does the court apply a stream of commerce approach to strict products liability? What does it mean for a landlord to be in the business of leasing so that strict liability may be imposed for injuries caused by latent defects in residential units? What is a latent defect so that landlords may take necessary preventative steps before renting a unit? In addition, this Note will examine the policies for extending strict liability which have developed in California case law. This Note will show that …
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 …
Federal Practice And Procedure
Federal Practice And Procedure
Golden Gate University Law Review
No abstract provided.
Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus
Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus
Golden Gate University Environmental Law Journal
This Comment will examine the development of arranger liability under Ninth Circuit jurisprudence, specifically looking at the impact of Ninth Circuit‟s decision in Burlington Northern and the impact of the Supreme Court‟s reversal. Section II of this Comment will briefly examine the mechanisms for triggering CERCLA liability, specifically the definition of arranger liability under CERCLA. Next, Section III will address arranger liability in the Ninth Circuit. Specifically, this discussion will consider “direct” arranger liability considered in Cadillac Fairview/California, Inc. v. United States, which examined when transactions constitute “arrangements for disposal,” as contrasted with Burlington Northern, which expanded and applied a …
Doling Out Environmental Justice To Nicaraguan Banana Workers: The Jose Adolfo Tellez V. Dole Food Company Litigation In The U.S. Courts, Armin Rosencranz, Stephen Roblin, Nicole Balloffet
Doling Out Environmental Justice To Nicaraguan Banana Workers: The Jose Adolfo Tellez V. Dole Food Company Litigation In The U.S. Courts, Armin Rosencranz, Stephen Roblin, Nicole Balloffet
Golden Gate University Environmental Law Journal
In this article, we will explore the circumstances that led to this landmark ruling and verdict in Los Angeles, how Judge Chaney’s rulings changed the trajectory of the case, the recent developments concerning fraud by at least one U.S. lawyer, and how all of these factors might impact the future practices of transnational corporations.