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Articles 1 - 30 of 169
Full-Text Articles in Torts
The Ministerial Exception And Defamation: Navigating Churches’ Autonomy And Their Communications, Zachary Runge
The Ministerial Exception And Defamation: Navigating Churches’ Autonomy And Their Communications, Zachary Runge
Pepperdine Law Review
In two recent cases, the Supreme Court has adopted what scholars and lower courts have called the “ministerial exception.” The Court only addressed the ministerial exception’s application to employment discrimination claims. But the Court did not foreclose the possibility of its application to other claims. This Comment argues that the ministerial exception applies to defamation claims arising out of a minister’s termination. After providing the background for the ministerial exception, this Comment explains the current state of the law. Then, this Comment argues that the ministerial exception, as a form of the church autonomy doctrine, applies to the defamation claims …
Tiktok On The Clock: It Is Time To Hold Social Media Platforms Responsible For The Dangerous Content They Push To Children, Angelina Rego
Tiktok On The Clock: It Is Time To Hold Social Media Platforms Responsible For The Dangerous Content They Push To Children, Angelina Rego
The Journal of Business, Entrepreneurship & the Law
This article examines the unresolved issue of social media companies endangering children through their targeted algorithms in a world where Section 230 protects them from any consequences. Part II will provide background on harmful content, like viral challenges, plaguing social media and endangering children. In addition, Part II will present an overview of Section 230’s immunity and its very limited exceptions. Next, Part III will analyze the legislative intent behind Section 230 and its relation to the First Amendment, highlighting that protecting children aligns with the act’s original purpose. Then, Part IV will discuss the few alternative workarounds available to …
Blazing A Trail To Dispute Resolution: The Advantages Of Mediating Insurance And Mass Tort Claims Following Wildfires In California, Kate Hanes
Pepperdine Dispute Resolution Law Journal
Year after year, wildfires in California decimate property, the environment, and local communities, precipitating costly and protracted litigation. This Comment explores the advantages of mediating, rather than litigating, insurance and mass tort claims in the aftermath of these devastating natural disasters. In particular, this Comment contends that mediation benefits all parties—wildfire victims, their insurers, and alleged tortfeasors—by quickly and inexpensively resolving claims, preserving the common pool of funds to prevent insurer insolvency, and maintaining flexibility, predictability, and confidentiality. Drawing on examples of other successful disaster mediations, such as the Agent Orange case and those following Hurricanes Andrew and Katrina, this …
The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker
The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker
Pepperdine Law Review
Mass tort multidistrict litigations (MDLs) involving thousands of claims present the judge with unique management issues. The MDL statute, in its scant two pages enacted in 1968, offers no guidance for the proper handling of these issues, and the Federal Rules of Civil Procedure speak to these issues only very generally through Rules 16 and 42. Thus, MDL judges have often invoked their “inherent powers” as authority when they take certain actions with significant implications for the parties and their attorneys. Not surprisingly, several of these actions and their underlying justifications have been controversial: (a) appointing lead attorneys; (b) ordering …
Privileging Opinion, Denigrating Discourse: How The Law Of Defamation Incentivizes News Talk-Show Hyperbole, Clay Calvert
Privileging Opinion, Denigrating Discourse: How The Law Of Defamation Incentivizes News Talk-Show Hyperbole, Clay Calvert
Pepperdine Law Review
This Article examines how defamation law promotes a culture of hyperbole and exaggeration on television news talk shows at the expense of more meaningful dialogue and discourse. The Article uses the 2020 federal court rulings in McDougal v. Fox News Network, LLC and Herring Networks, Inc. v. Maddow as analytical springboards to address this problem. In both cases, judges dismissed defamation claims stemming from comments made by well-known talk-show hosts—Fox News’s Tucker Carlson in McDougal and MSNBC’s Rachel Maddow in Herring Networks—on the ground that their remarks would not be understood by viewers as factual assertions. In concluding that Carlson’s …
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan
The Journal of Business, Entrepreneurship & the Law
This comment starts with a review of the most stringent laws currently enacted. After going over what is enacted, it will discuss the reasons given as to why gun manufacturers should be held liable and under what theories, including tort liability and public nuisance theories. Next, it will cover novel approaches to the strict liability, including arguments like negligent distribution, entrustment, and marketing. It will discuss similarities between the tobacco, automobile, and alcohol industry with the firearms industry. It will then go over how the recent push for gun legislation affected the sale and purchase of firearms. Lastly, to summarize, …
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Pepperdine Dispute Resolution Law Journal
The first section of this article will discuss the significance of removing arbitration agreements from wrongful death claims and implementing mediation instead. The second section will detail the background of arbitration clauses in nursing homes. The third section will review state acts that have opposed the use of arbitration agreements for wrongful death claims in nursing homes. The fourth section will analyze cases that have challenged arbitration agreements in nursing homes for wrongful death claims. The fifth section will propose compulsory mediation and multi-tiered dispute resolution clauses as substitutes for arbitration clauses. Finally, the sixth section will consider potential objections …
Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice
Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice
Pepperdine Law Review
Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's tort.
Steed V. Imperial Airlines, Clay Plotkin
The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler
The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler
Pepperdine Law Review
No abstract provided.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
Pepperdine Law Review
No abstract provided.
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes
Pepperdine Law Review
No abstract provided.
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler
Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler
Pepperdine Law Review
No abstract provided.
Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman
Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman
Pepperdine Law Review
No abstract provided.
A Prescription Warning, Carlton Lee Harpst
A Prescription Warning, Carlton Lee Harpst
Pepperdine Law Review
No abstract provided.
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin
The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin
Pepperdine Law Review
No abstract provided.
California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow
California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow
Pepperdine Law Review
No abstract provided.
Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey
Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey
Pepperdine Law Review
No abstract provided.
Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr
Pepperdine Law Review
No abstract provided.
Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson
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.
Workers' Compensation: Alternatives Are Limited, Irvin Stander
Workers' Compensation: Alternatives Are Limited, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering
The September 11th Victim Compensation Fund Of 2001: A Better Alternative To Litigation?, Wendy Floering
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., David R. Haglund
Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., David R. Haglund
Pepperdine Law Review
No abstract provided.
Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, Thomas G. Gehring
Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, Thomas G. Gehring
Pepperdine Law Review
No abstract provided.
Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.
Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.
Pepperdine Law Review
No abstract provided.
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler
Pepperdine Law Review
In its landmark case of Li v. Yellow Cab Co., the California Supreme Court judicially adopted the doctrine of comparative negligence in an action involving a plaintiff and a single defendant. The court in Li specifically avoided making any decision concerning the numerous issues which would be involved in a multi-party action: the relationship of multiple defendants with one another, the right of one defendant to join others for the purpose of sharing payment of the judgment, the respective responsibilities of such parties for the judgment (including those insolvent, partially solvent or possessing an immunity), and the procedure for the …