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Articles 91 - 104 of 104
Full-Text Articles in Litigation
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Pepperdine Law Review
No abstract provided.
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Pepperdine Law Review
The common law doctrine of absolute immunity provided to litigation lawyers is said to be "as old as law." This centuries-old doctrine protects litigators from lawsuits instigated by the adversaries of their clients. It is typically invoked, irrespective of any nefarious or malicious motives, so long as the course of action taken bears some reasonable relation to the lawsuit. This Article examines the historical antecedents of the litigation privilege as well as the policies motivating its creation. It also provides a comprehensive description of the doctrine of absolute immunity, explores the circumstances in which it has been applied, and discusses …
Addressing The "Elephantine Mass" Of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) And Case Management Plans That Defer Claims Filed By The Non-Sick, Victor E. Schwartz, Mark A, Behrens, Rochelle M. Tedesco
Addressing The "Elephantine Mass" Of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) And Case Management Plans That Defer Claims Filed By The Non-Sick, Victor E. Schwartz, Mark A, Behrens, Rochelle M. Tedesco
Pepperdine Law Review
No abstract provided.
Merging Roles: Mass Tort Lawyers As Agents And Trustees, Charles Silver
Merging Roles: Mass Tort Lawyers As Agents And Trustees, Charles Silver
Pepperdine Law Review
No abstract provided.
The Cumulative Sources Of The Asbestos Litigation Phenomenon, George L. Priest
The Cumulative Sources Of The Asbestos Litigation Phenomenon, George L. Priest
Pepperdine Law Review
No abstract provided.
Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr
Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr
Pepperdine Law Review
Over a decade ago, the Federal Judicial Conference warned of an asbestos litigation “disaster of major proportions.” The Supreme Court of the United States has described the litigation as a “crisis.” According the RAND Institute for Civil Justice, by the end of 2000, more than 600,000 asbestos claims were filed. RAND estimates that as many as three million more plaintiffs may eventually file claims. Most new claimants are not sick. The flood of claims has forced almost sixty companies into bankruptcy; many of these bankruptcies are very recent. As a result, defendants with only remote connections to asbestos – known …
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Pepperdine Law Review
No abstract provided.
Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli
Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli
Pepperdine Law Review
No abstract provided.
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman
On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman
Pepperdine Law Review
More than 100,000 new asbestos claims were filed in 2003, the most ever in one year. Asbestos litigation thus continues to thrive even though 80-90% of claimants have no illness recognized by medical science, let alone suffer any lung impairment. To explain how this disconnect between medical science and tort litigation has come about, I cover the following subjects: 1) medical consequences of exposure to asbestos-containing materials; 2) the phenomenon of the unimpaired claimant; 3) medical evidence with regard to the incidence of asbestosis; 4) the effect on asbestos litigation of the failure of the Manville Trust audit to be …
Alternatives To Asbestos Impairment Standards, Alan Brayton
Alternatives To Asbestos Impairment Standards, Alan Brayton
Pepperdine Law Review
No abstract provided.
Keeping Junk Science Out Of Asbestos Litigation, David E. Bernstein
Keeping Junk Science Out Of Asbestos Litigation, David E. Bernstein
Pepperdine Law Review
No abstract provided.
Asbestos & The Sleeping Constitution, Griffin B. Bell
Asbestos & The Sleeping Constitution, Griffin B. Bell
Pepperdine Law Review
No abstract provided.
Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin
Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin
Pepperdine Law Review
This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …
Asbestos Litigation In California: Can It Change For The Better?, Steven D. Wasserman, Michael L. Fox, Michael C. Scanlon, Sunny C. Shapiro, Anne Cherry Barnett
Asbestos Litigation In California: Can It Change For The Better?, Steven D. Wasserman, Michael L. Fox, Michael C. Scanlon, Sunny C. Shapiro, Anne Cherry Barnett
Pepperdine Law Review
No abstract provided.