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19 Mar, 2008 7:03 am by Dan Markel
... .) Punitive damages have a long history.[1] According to the conventional understanding, early Anglo-American courts awarded "exemplary" damages for a range of purposes, in some cases as compensation to a plaintiff for suffering ... (1763) 95 Eng. Rep. 768 (K.B). See also Pac. Mut. Life Ins. Co. v. Haslip, 499 U.S. 1, 24 (1991) (Scalia, J., ... for "gross negligence" but its definition approximates what is elsewhere called malice or recklessness. See Gen. Motors Corp. v. Sanchez, 997 S.W.2d 584, 595 ( ...
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
... ' pursuit of substantial compensatory and punitive damages); Thorn v. Jefferson-Pilot Life Ins. Co., 445 F.3d 311, 330-32 (4th Cir. 2006) ( ... is set to consider key cases that could have a significant impact on class litigation. The American Tort Reform Association recently elevated Los Angeles, California to its list of "judicial hellholes."[ ... . & Prof. Code, section 17200 et seq.), as amended by Proposition 64 (Gen. Elec. (Nov. 2, 2004)), must every member of the proposed class have suffered " ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
15 Dec, 2008 7:56 am by Roy A. Mura
... superintendent did not purport to be, and did not constitute, such an endorsement (cf. Matter of Government Gen. Empls. Ins. Co. v Constantino, 49 AD3d 736, 737; Matter of State Farm Mut. Auto. Ins. Co. v Russell, 39 AD3d 759, 761). Moreover, inasmuch as the policy is unambiguous with respect to the limits of the coverage afforded, resort to extrinsic evidence was not proper (see Katz v American Mayflower Life Ins. Co. of N.Y., 14 AD3d 195, 200, affd 5 NY3d 561; Del Vecchio v ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
14 Mar, 2008 2:26 pm by A Voice
... we have asked whether the imposition is short-term, or of infinite duration. American Mfrs. Mut. Ins. Co. v. Commissioner of Ins., 374 Mass. 181, 196 (1978). We ... term, 'sex offense,' would not be seen by most Americans as a minimal imposition." Roe v. Attorney Gen., 434 Mass. 418, 452 (2001) (Marshall, C ... differently, "[t]he registration requirement imposes unending governmental regulation of basic life activities despite the completion of, and following any criminal sentence " (emphasis in original ...
Sex Offender Research by A Voice of Reason - http://sexoffenderresearch.blogspot.com/
27 Jul, 2008 3:27 pm by Andis Kaulins
... available to plaintiffs . . . broadened," Cooper Industries, supra, at 437, n. 11, the consequence was that American courts tended to speak of punitive damages as separate and distinct from compensatory damages ... then reviewed by trial and appellate courts to ensure that it is reasonable." Pacific Mut. Life Ins. Co. v. Haslip, 499 U. S. 1, 15 (1991); see ... punishable by a payment to the injured party of five times the tree's value); Mass. Gen. Laws, ch. 91, §59A (West 2006) (discharging crude oil into ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
10 Oct, 2008 4:04 pm by Doug B.
... from some of the ugly doings on Wall Street. The piece is headlined, "Former Gen Re Lawyer Could Face Life in Prison: Federal prosecutors want Robert Graham to be sentenced to ... -- up to 230 years behind bars -- for his role in a sham insurance deal with American International Group Inc. The government also wants Graham, who is 60, to pay millions of ... asking for similarly harsh prison terms for three of Graham's co-defendants -- Ronald Ferguson, Gen Re's former CEO; Elizabeth Monrad, the company's ...
Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
24 Apr 3:47 am
... -960 TVII - Summary Judgment standards o o SCOTUS docket here McKnight v. Gen. Motors Corp., No. 08-1113 ADA - Benefits to former employees o o SCOTUS ... · · Fem Fayette County Guidance Counselor sues for gender/promotion discrim · · Fem CO sues Louisville Metro jail for discrim/sex harass/retal; alleged perp now works for ... - Public Attitudes Toward Chinese and Asian Americans (2009); press release; fact sheet; noted here Ø Ø Latinos: Under Siege Life for Low-Income Latinos in the South (April 2009 ...
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
29 Aug, 2008 1:25 pm
... Intellectual Property), UK relative grounds opposition changes: did they change your life too?: (Solo Independent IP Practitioners), Dr Roger Burt appointed new President of UK's Trade Marks, Patent & Designs Federation: (IPKat), An American judgment in London: the Star Wars case: (International Law Office) United States US ... Property), Quantum Catalytics - QC and Syngas sue rival waste services Ze-Gen and New Bedford Waste Services for allegedly infringing patents and stealing trade ...
IP Thinktank - http://duncanbucknell.com/blog
2 Apr, 2008 12:37 pm
... purpose was to keep the truth of operations that was put into place away from the media and the American people. If Laurence Hutchins III, Sgt. U.S.M.C. ... truth! We have the combat operations logs and memos of the real everyday life of true "Warriors. The biggest shame is that none of this information was allowed in these trials as provided ... now been made public and known as hunter killer patrols or under Gen. Mattis "Combat Hunter Teams." This ROE existed in real time to estimate its effectiveness ...
The JAG Hunter - http://jaghunters.blogspot.com/index.html
19 Apr, 2008 8:50 am
... Law Firm Practice Group, Proskauer Rose;Chair, American Bar Association Standing Committee on Ethics and Professional Responsibility JeffreyHaidet, Chairman, McKenna Long & Aldridge William Perlstein, Co-Managing Partner, WilmerHale Lee Miller, Joint ... Institutional Success? John Flood, Professor, University of Westminster School of Law, Future Directions in the UK Legal Profession: Life After the Legal Services Act 2007 Larry Ribstein, Professor, University of Illinois School of Law, The Law ...
Tags: Compensation
Adam Smith, Esq. - http://www.bmacewen.com/blog/
8 Oct, 2008 11:50 am by Beck/Herrmann
... 637 F.2d 8, 90-91 (2d Cir. 1980). North Carolina: N.C. Gen. Stat. §99B-6(d). Pennsylvania: Hahn v. Richter, 673 A.2d 888, 890 ... turn, and once again the presumption against preemption is the culprit. Given the product - vaccines, the epitome of a life-saving product, the weakness of the core logic in Ferarri, and where we think the FDA would come ... mentioned four such cases in that post. Well, we've found a fifth, Skibniewski v. American Home Products Corp., 2004 WL 5628157, at *13 (W.D. Mo. April 1 ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
18 Dec, 2008 10:36 pm
... to get into here. Federal courts are split. In Crenshaw v. Mony Life Insurance Co., 318 F. Supp.2d 1015, 1024-25 (S.D. ... ; Surety Co., 243 F. Supp. 793, 800 (N.D. Ohio 1965) (applying state law). The state courts are essentially silent, while in In re American ... Island We can't go informal in the Ocean State either. R.I. Gen. Laws §5-37.3-4 ("Disclosure by a health care provider of a patient's ... Some older federal courts are contrary (e.g., Horner v. Rowan Cos., 153 F.R.D. 597 (S.D. Tex. 1994)), but ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
19 Jan 4:00 am
... . Ciro EEOC Investigations Requires That Employers Notify Insurance Carrier American Center v. Federal Ins. Co. State Roundup AL > FILED · [1-7] 3 ... Advertising Age; Louisiana Weekly; The Skanner Religion Ø HHS "Conscience" Rule: What About End-of-Life Pain Care? Articles/Reports/Books/Etc. Articles Ø Recently published scholarship, ... here Books Ø Women of Courage "- …a revealing look at one of the most important cases in American history: a single mother's fight against pregnancy, sex and race ...
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
3 Apr 7:23 pm
... matter concerning semiconductor integrated circuits against Magnachip (ITC 337 Law Blog) American Medical Systems - Federal judge clears Biolitic as defendant in patent infringement suit ... AMS over enlarged prostate laser treatment technology (Law360) Funai Electric Co - Daewoo Electronics seeks stay of execution of $7.2 million patent infringement ... untenable motion to dismiss: Schering-Plough Animal Health Corporation v Aqua Gen AS (TTABlog) TTAB precedential no 9: TTAB dismisses 2(d) petition ...
IP Thinktank - http://duncanbucknell.com/blog
24 Dec, 2006 5:31 am by Andis Kaulins
... . In 1776 the American Declaration of Independence argued for "certain inalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness" (The American Declaration of Independence, 1776, as cited in Hawke, 1964). As such, nations have been formed on the basis of the search for happiness, and this desire has been put on a par with the right to life and the right to freedom. In the U.K. interest in happiness was brought to widespread attention with the moral philosophy ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
28 Oct, 2007 6:50 pm by admin
... had ever heard of it. «They couldn't hit an elephant at this dist-» Last words of Gen. John Sedgwick, spoken as he looked out over the parapet at enemy lines during ... atom.» Robert Millikan, American physicist and Nobel Prize winner, 1923. Films «Who the hell wants to hear actors talk?» H. M. Warner, co-founder of Warner Brothers, ... the enormous speed of 15 miles per hour by 'engines' which, in addition to endangering life and limb of passengers, roar and snort their way through the countryside, ...
Life of a Law Student: All Feeds - http://www.lifeofalawstudent.com
20 Apr 3:27 am
... Energy Safety Servs., Inc., No. 08-1013* ADA - Whether driving is a major life activity Ø SCOTUS docket here Ø Noted here: Adjunct Law Prof Ø * Petition denied ... 08-960 TVII - Summary Judgment standards Ø SCOTUS docket here McKnight v. Gen. Motors Corp., No. 08-1113 ADA - Benefits to former employees Ø SCOTUS docket ... · Portsmouth settles w/ USDOJ over written exam that discriminated against African-American firefighter applicants; $145K settlement fund set WA Ø DECIDED · [3-27] WA HRC dismisses ...
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
1 Jun, 2007 4:32 pm by Peter Black
... its Linux business. Read more here (from PC World). BBC made its Second Life debut Friday with a program about the virtual-world economy. Read more here (from ZDNet). ... according to a new study released by marketing firm Relay Worldwide. Some 38% of American adults know they can get primetime TV on the Internet for no additional cost. Primetime on the Internet is "already coming of age." Read more here (from Media Life Magazine). Encyclopedia maker Britannica sues TomTom and two others, claiming ...
Freedom To Differ - http://www.freedomtodiffer.com/freedom_to_differ/
10 May, 2008 11:55 am
... succeeds a former associate of the firm who oversaw the program and is being made a partner. For a firm with historically good standing on the American Lawyer's pro bono A-list, one might wonder what prompted the star power addition. "[Pro bono] ... a recruiting perspective, both established professionals and young people from Gen X and Y are seeking more than a paycheck. Candidates are increasingly concerned with work/life balance opportunities, the existence and influence of a diversity committee ...
Law People - http://www.lawpeopleblog.com/
23 May 2:48 pm by StephanieWestAllen
... author of this new book also wrote Generation Me: Why Today's Young Americans Are More Confident, Assertive, Entitled--and More Miserable Than Ever Before. From "An ... emphasis is all wrong, they argue; educators and parents should be focusing on developing real life skills (empathy, social awareness, self-discipline, etc.) rather than making our children feel ... 're Capricorn, so you're proud, ambitious and practical"; "Ah, you're Gen X, so you're a whingeing loner who can't keep a job", etc. Click ...
idealawg - http://westallen.typepad.com/idealawg/
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