Punitive Damages In Product Liability Cases ,
2013
Pepperdine University
Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.
Pepperdine Law Review
No abstract provided.
Seller's Warranty Liability Under The Uniform Commercial Code: Should Buyer's Merchant Status Affect His Right Of Recovery?,
2013
Pepperdine University
Seller's Warranty Liability Under The Uniform Commercial Code: Should Buyer's Merchant Status Affect His Right Of Recovery?, Olin W. Jones
Pepperdine Law Review
No abstract provided.
Agins V. City Of Tiburon: An Aggrieved Party-Loss Of Inverse Condemnation Actions In Zoning Ordinance Disputes ,
2013
Pepperdine University
Agins V. City Of Tiburon: An Aggrieved Party-Loss Of Inverse Condemnation Actions In Zoning Ordinance Disputes , Walter R. Luostari
Pepperdine Law Review
No abstract provided.
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories,
2013
Pepperdine University
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,
2013
Pepperdine University
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 …
Punitive Damages And The Drunken Driver,
2013
Pepperdine University
Punitive Damages And The Drunken Driver, William C. Cooper
Pepperdine Law Review
A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …
Bundy V. Jackson: Eliminating The Need To Prove Tangible Economic Job Loss In Sexual Harassment Claims Brought Under Title Vii,
2013
Pepperdine University
Bundy V. Jackson: Eliminating The Need To Prove Tangible Economic Job Loss In Sexual Harassment Claims Brought Under Title Vii, Terence J. Bouressa
Pepperdine Law Review
In the case of Bundy v. Jackson, the federal appellate court eliminated the need to prove tangible job loss in claims under Title VII relating to sexual harassment. The holding in Bundy thus promotes the viability of sexual harassment claims under Title VII and deters employers from engaging in subtle sexual harassment as "part of the job." The decision provides a model for the nation to follow in the pursuit of the worthy goal of eliminating sexual harassment in the workplace.
Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts,
2013
Pepperdine University
Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen
Pepperdine Law Review
No abstract provided.
National Subscription Television V. S & H, Tv: The Problem Of Unauthorized Interception Of Subscription Television—Are The Legal Airwaves Unscrambled?,
2013
Pepperdine University
National Subscription Television V. S & H, Tv: The Problem Of Unauthorized Interception Of Subscription Television—Are The Legal Airwaves Unscrambled?, Thomas R. Catanese
Pepperdine Law Review
The unending stream of technological innovations that best exemplifies the electronic media has left the law in its wake. Because of rapid advancements in the forms communications may take, the law has sometimes been slow in effectively and rationally affording protection against the piracy of these new types of electronic media. One such type of electronic media is the transmission of over-the-air scrambled broadcasts, more properly "subscription" television, wherein a party pays a subscription fee to receive nonstandard television programming. National Subscription Television v. S & H, TV, in view of prior divided case law, settled the question of whether …
Merrill Lynch, Pierce, Fenner & Smith, Inc. V. Curran: Establishing An Implied Private Right Of Action Under The Commodity Exchange Act,
2013
Pepperdine University
Merrill Lynch, Pierce, Fenner & Smith, Inc. V. Curran: Establishing An Implied Private Right Of Action Under The Commodity Exchange Act, Howard E. Hamann
Pepperdine Law Review
In the case of Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, the United States Supreme Court held that there is an implied private right of action under the Commodity Exchange Act, as amended. As a result of this holding, a private party may maintain an action for damages caused by a violation of the Commodity Exchange Act. In this article, the author examines the Supreme Court's analysis and explores the future impact of the decision in light of the role the judiciary has in legislative matters.
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor,
2013
Pepperdine University
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor, Robert E. Palmer
Pepperdine Law Review
After nearly a century of quiet slumber, the Supreme Court awoke the sleeping giant. In the past two decades, 42 U.S.C. §1983 has evolved into a judicial Frankenstein monster. Unable to control the beast, the Court has attempted to restrict the creature's movements by unnecessarily limiting its constitutional source. If followed to its logical conclusion, the Court's narrow reading of the Constitution may ultimately demote all due process violations to state tort remedies. This note traces the legislative and judicial evolution of section 1983 as well as the statute's present interaction with the due process clause. The vehicle for this …
Mediating The Religious Upbringing Issue In Divorce Cases,
2013
Pepperdine University
Mediating The Religious Upbringing Issue In Divorce Cases, Katheryn M. Dutenhaver
Pepperdine Dispute Resolution Law Journal
The article presents information on the family dispute resolution based on divorce cases based on religion. The judicial orders in different jurisdictions related to custodial parent are considered. The difficulty facing the judges while deciding the remedies and the need of designing stand-alone dispute resolution system is discussed. The techniques utilized by the mediators in solving such disputes are also discussed.
In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern
Dilemma,
2013
Pepperdine University
In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern Dilemma, William J. Hughes, Edward H. O'Connell Jr.
Pepperdine Law Review
No abstract provided.
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation ,
2013
Pepperdine University
Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor
Pepperdine Law Review
In numerous federal environmental statutes, Congress gave plaintiffs the right to recover attorneys' fees when the court finds them "appropriate." In Ruckleshaus v. Sierra Club, the United States Supreme Court held that it was only "appropriate" to grant attorneys' fees when the plaintiff had at least partially prevailed on the merits. The decision ignored both the important role environmental groups play in the interpretation and development of regulatory programs through litigation and the ability of the lower courts to determine when attorneys' fees were "appropriate." The Court, instead, focused on the adversarial nature of such groups and the traditional American …
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?,
2013
Pepperdine University
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?, Mark Kunkler
Pepperdine Law Review
Federal bankruptcy law offers a refuge to the honest debtor who is unable to pay his creditor's when his debts are due. Here, the twin aims of bankruptcy law, to give the debtor a fresh start and to provide roughly equal treatment for his! Creditors, are laudably accomplished. But what policies support the use of federal bankruptcy law when the "debtor" is in fact solvent and apparently seeks refuge only to escape liability for the products it manufactures? This comment examines the recent filing of the Manville Corporation for Chapter 11 protection under bankruptcy law with this question in mind.
Liability Cure-All For Insidious Disease Claims,
2013
Pepperdine University
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Pepperdine Law Review
Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival,
2013
Pepperdine University
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Pepperdine Law Review
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that "but for" the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a "chance" of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions.
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media,
2013
Pepperdine University
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Pepperdine Law Review
Negligent infliction of emotional distress is becoming an increasingly popular cause of action to be utilized against media defendants. This article begins by tracing the development of the tort and explaining its central elements through cases involving mass media defendants. It studies the relationship between negligent infliction and the torts of libel, invasion of privacy, and intentional infliction of emotional distress. After considering the appropriate balance between expression and emotional tranquility, it is concluded that negligent infliction actions present an ominous threat to the free flow of expression. Sound policy considerations, flowing in part from the first amendment, dictate that …
In Search Of Adequate Compensation For Toxic Waste Injuries: Who And How To Sue ,
2013
Pepperdine University
In Search Of Adequate Compensation For Toxic Waste Injuries: Who And How To Sue , David W. Duce
Pepperdine Law Review
No abstract provided.
The Liability Of Providers Of Alcohol: Dram Shop Acts?,
2013
Pepperdine University
The Liability Of Providers Of Alcohol: Dram Shop Acts?, Emery J. Mishky
Pepperdine Law Review
No abstract provided.
