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Full-Text Articles in Law

If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben Nov 1995

If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben

Faculty Publications

A lot more is at stake in BMW of North America v. Gore, 94-896, than the legal cost of repainting luxury automobiles, The case returns the issue of punitive damages to the Supreme Court amid complaints by business interests to a receptive Congress that high punitive awards are helping to stifle U.S. economic growth. At the same time, the case carries overtones of federalism, an issue that seems to lurk throughout the Supreme Court's docket these days.


Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf Jan 1995

Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf

Faculty Publications

This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.


What's Happening With Respect To The Second Circuit, Hon. George C. Pratt Jan 1995

What's Happening With Respect To The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.


Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy Jan 1995

Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii Jan 1995

Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii

Journal of Dispute Resolution

Despite some residual image problems, arbitration is far from a modem day phenomenon.2 Aristotle himself was a fan of arbitration, "for the arbitrator keeps equity in view, whereas the judge looks only to the law."3 However, inconsistency among federal courts regarding the award of punitive damages by arbitrators has only furthered the image problem.4 Discord among courts arises when parties sign a contract agreeing to be bound by the law of a state which prohibits arbitral awards of punitive damages along with contract language which seems to express intent to allow punitive damages.5 Under the Federal Arbitration Act ("FAA"), federal …


Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman Jan 1995

Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman

Scholarly Works

No abstract provided.