Law Commons^™

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith

Kati Griffith

[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires them …

The Liability Consequences Of Dam Failures, Denis Binder

Denis Binder

No abstract provided.

Finding The Still Small Voice: The Liability Of Bankruptcy Trustees And The Work Of The National Bankruptcy Review Commission, Daniel Bogart

Daniel B. Bogart

This article examines section 3.3.2 of the Report of the National Bankruptcy Review Commission. That section proposed altering the Bankruptcy Code to clarify the law governing the liability and fiduciary obligations of trustees in bankruptcy. The article was prepared in connection with a symposium evaluating the Commission's Report held at Dickinson Law School. The Commission issued its Report on October 20, 1997, following many months of controversy, heated hearings and significant public debate. The article argues that section 3.3.2 represents a failure of the drafter to understand and delineate the two basic doctrines of fiduciary law and derived judicial immunity. …

Liability Of Directors Of Chapter 11 Debtors In Possession: 'Don't Look Back - Something May Be Gaining On You', Daniel Bogart

Daniel B. Bogart

This article addresses a series of important questions involving the fiduciary obligations and personal liability of bankruptcy trustees and directors of debtors in possession. The article begins by noting the uncertainty of lawyers representing directors of chapter 11 debtors. These lawyers must advise individual directors on their possible liability for decision making post petition. The article continues with a review of basic corporate governance of companies preceding and following the filing of a chapter 11 petition.

The article focuses on the content of the fiduciary obligations of care and loyalty of directors of the bankrupt companies. Supreme Court opinions indicate …