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Full-Text Articles in Legal Remedies
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
Georgia Journal of International & Comparative Law
No abstract provided.
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor
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
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 …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …