Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited,
2012
Pepperdine University
Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited, Jill Jones
Pepperdine Law Review
No abstract provided.
Cigarette Litigation's Offspring: Assessing Tort Issues Related To Guns, Alcohol, & Other Controversial Products In Light Of The Tobacco Wars ,
2012
Pepperdine University
Cigarette Litigation's Offspring: Assessing Tort Issues Related To Guns, Alcohol, & Other Controversial Products In Light Of The Tobacco Wars , Gary T. Schwartz
Pepperdine Law Review
No abstract provided.
The Remoteness Doctrine: A Rationale For A Rational Limit On Tort Liability,
2012
Pepperdine University
The Remoteness Doctrine: A Rationale For A Rational Limit On Tort Liability, Victor E. Schwartz
Pepperdine Law Review
No abstract provided.
Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek,
2012
Pepperdine University
Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek, Denise Dunleavy
Pepperdine Law Review
No abstract provided.
Economic And Causation Issues In City Suits Against Gun Manufacturers ,
2012
Pepperdine University
Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall
Pepperdine Law Review
No abstract provided.
Taking Aim: The Impetus Driving Suits Against Gun Manufacturers ,
2012
Pepperdine University
Taking Aim: The Impetus Driving Suits Against Gun Manufacturers , Mark Barnes
Pepperdine Law Review
No abstract provided.
From Cigarettes To Alcohol: The Next Step In Hedonic Product Liability?,
2012
Pepperdine University
From Cigarettes To Alcohol: The Next Step In Hedonic Product Liability?, Robert F. Cochran Jr.
Pepperdine Law Review
While generally courts seem to have stopped and in many cases reversed the expansion of product liability, cigarette litigation is one of the few areas where there are signs of expanding tort liability. Cochran looks at the similarities between cigarettes and alcohol in considering whether alcohol manufacturers may be the next target of product liability lawsuits. The similarities between cigarettes and alcohol are numerous. Both are hedonic products, or products whose primary purpose is to provide pleasure. They are also both dangerous to users and bystanders, and society as a whole. Currently, many of the costs created by hedonic products …
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? ,
2012
Pepperdine University
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.
Pepperdine Law Review
In 1998 the tobacco industry reached a settlement with the government for $246 billion. The massive size and scope of the states' tobacco settlement will inevitably exert a powerful influence on tort litigation for decades. The proliferation of copycat lawsuits, such as lead paint claims, seeking to emulate the spectacular success of the tobacco lawsuits will be one of the first aftershocks. The appropriate legislative response to this copycat litigation is to enact legislation limiting mass tort claims by states and other government entities. Because politics and economics may be influencing the filing of these lawsuits, rather than a purer …
Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations ,
2012
Pepperdine University
Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown
Pepperdine Law Review
No abstract provided.
Lead Paint Public Entity Lawsuits: Has The Broad Stroke Of Tobacco And Firearms Litigation Painted A Troubling Picture For Lead Paint Manufacturers?,
2012
Pepperdine University
Lead Paint Public Entity Lawsuits: Has The Broad Stroke Of Tobacco And Firearms Litigation Painted A Troubling Picture For Lead Paint Manufacturers?, Amber E. Dean
Pepperdine Law Review
No abstract provided.
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation,
2012
Pepperdine University
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Pepperdine Law Review
No abstract provided.
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses ,
2012
Pepperdine University
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999,
2012
Pepperdine University
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
The Two-Trillion Dollar Carve-Out: Foreign Manufacturers Of Defective Goods And The Death Of H.R. 4678 In The 111th Congress,
2012
American University Washington College of Law
The Two-Trillion Dollar Carve-Out: Foreign Manufacturers Of Defective Goods And The Death Of H.R. 4678 In The 111th Congress, Andrew F. Popper
Andrew Popper
Whatever happened to H.R. 4678, The Foreign Manufacturers Legal Accountability Act? While at first the bill looked like it would sail through, vocal and well-funded opposition from foreign manufacturers and their U.S. representatives placed its future in doubt – and ultimately killed the bill. Gross sales of foreign manufactured goods in the U.S. exceed two trillion dollars annually. Conservatively, there are tens of millions of defective, dangerous, and in some instances deadly goods produced abroad for sale in U.S. markets (e.g., Chinese dry-wall, toxic levels of lead paint on toys, contaminated pet food, allegedly lurching cars, infant cribs that to …
Scope Of Liability Under The Alien Tort Statute: The Relevance Of Choice Of Law Doctrine In The Aftermath Of Kiobel V. Royal Dutch Petroleum,
2012
Pace University School of Law
Scope Of Liability Under The Alien Tort Statute: The Relevance Of Choice Of Law Doctrine In The Aftermath Of Kiobel V. Royal Dutch Petroleum, Jon E. Crain
Pace Law Review
Recently Judge José A. Cabranes, of the United States Court of Appeals for the Second Circuit, issued a decision that drastically undermined the efficacy of the Alien Tort Statute (ATS). Writing for the majority in Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir. 2010), Judge Cabranes ruled that corporate entities cannot be held liable under the ATS. This Comment will examine the choice-of-law aspect of that decision, and argue that Judge Cabranes erred in interpreting the ATS to mandate application of customary international law (CIL).
Lost Life And Life Projects,
2012
U. Texas Faculty Account
Lost Life And Life Projects, Sean Hannon Williams
Indiana Law Journal
This Article provides the first analysis of wrongful death damages from the perspective of individual justice accounts of tort law. There is a widespread belief that wrongful death damages are incoherent. Currently, tort law responds only to the harms of the decedent’s living relatives. Drawing on deterrence rationales, Cass Sunstein, Eric Posner, and others have recommended altering these damage awards so that they respond to the harms of the decedent herself by providing “lost life” damages. This Article offers a different and powerful new foundation for lost life damages rooted in corrective justice and its main competitor, civil recourse. At …
A Financial Economic Theory Of Punitive Damages,
2012
University of Florida Levin College of Law
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
UF Law Faculty Publications
This Article provides a financial economic theory of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather, it is the risk of outlier outcomes. Low frequency, high severity awards are unpredictable, cause financial distress, and beget social cost. By focusing only on offsetting escaped liability, the standard law and economics theory fails to account for the core problem of variance. This Article provides a risk arbitrage analysis of the relationship between variance, litigation valuation, and optimal deterrence. Starting with settlement …
Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33,
2012
University of Georgia School of Law
Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton
Scholarly Works
Without question, O.C.G.A. 51-12-13 as construed in McReynolds and Couch ushers in a new era in Georgia tort law. It topples the old regime in which multiple tortfeasors were held jointly liable when their combined acts of negligence injured an innocent plaintiff. The new regime is one of apportionment and liability limited to one's personal share of fault. Fault may be apportioned when it previously could not. It may be apportioned to those who are immune, to those who are unknown, and even to those who intentionally injure an innocent plaintiff. The practical consequence of this regime change is to …
Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33,
2012
University of Georgia School of Law
Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton
Scholarly Works
For most of its history, Georgia followed the traditional common law rule of joint and several liability and the equally well-settled principle that negligence could not be compared with intent when apportioning liability. Both of those propositions were dramatically altered by the enactment of the 2005 amendments to the Official Code of Georgia Annotated (O.C.G.A.) section 51-12-33 as construed by the Georgia Supreme Court in two recent opinions.
A Financial Economic Theory Of Punitive Damages,
2012
University
of Maryland Francis King Carey School of Law
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
Michigan Law Review
This Article provides a financial economic theory of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather it is the risk of outlier outcomes. Low frequency, high severity awards are unpredictable, cause financial distress, and beget social cost. By focusing only on offsetting escaped liability, the standard law and economics theory fails to account for the core problem of variance. This Article provides a risk arbitrage analysis of the relationship between variance, litigation valuation, and optimal deterrence. Starting with settlement …
