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Articles 301 - 323 of 323
Full-Text Articles in Law
Snepp V. United States, Frederick W. Whatley
Snepp V. United States, Frederick W. Whatley
Cleveland State Law Review
On February 19, 1980. the Supreme Court handed downs its decision in the case of Snepp v. United States. The Court based its decision on the writs of certiorari filed by Snepp and the government. There were no briefs or oral arguments on the merits of the case. The above quotes serve as more than a mere backdrop to the Snepp case. Whether the decision was rendered out of a concern that the actions of persons such as Mr. Agee may lead to the deaths of Central Intelligence Agency (hereinafter sometimes referred to as CIA) operatives, such as Mr. Welch's …
Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman
Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman
Michigan Law Review
This Article criticizes the award of a penalty surcharge in the name of appreciation damages. Contrary to the statements in the Rothko opinions, neither precedent nor treatises offers clear support for the shocking awards made against Rothko's disloyal executors. Furthermore, even if appreciation damages were to be viewed, against the thesis here advanced, as an appropriate remedy for some kinds of fiduciary breach, the measure is inappropriate for cases which, like Rothko, involve hidden conflicts of interest. This is so because the threat of severe penalties in hidden-conflict cases adds unacceptable legal costs to honest administrations-costs that cannot be …
Ingram V. Pettit, 340 So. 2d 922 (Fla. 1976), Charles Law Early, Jr.
Ingram V. Pettit, 340 So. 2d 922 (Fla. 1976), Charles Law Early, Jr.
Florida State University Law Review
Tort Law- NEGLIGENT INTOXICATED DRIVER LIABLE FOR PUNITIVE DAMAGES WITHOUT PROOF OF ABNORMAL OR RECKLESS DRIVING.
A Perspective On The Michigan Law Of Damages, John W. Reed
A Perspective On The Michigan Law Of Damages, John W. Reed
Book Chapters
So also the subject of damages. There are some general principles, but damages is not a coherent body of law. It is small wonder that no one is writing books about it and that law schools do not provide courses in it. The standard, most widely cited text is McCormick on Damages, yet that book was published in 1935. There is no more recent book of consequence bearing that title. Professor Dan Dobbs's 1973 volume entitled Remedies contains, as one part of the book, an excellent analysis of recent damages developments; but McCormick continues to be the benchmark. As a …
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
University of Michigan Journal of Law Reform
It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.
The Constitutionality Of Punitive Damges In Libel Actions, Nicholas J. Jollymore
The Constitutionality Of Punitive Damges In Libel Actions, Nicholas J. Jollymore
Fordham Law Review
No abstract provided.
Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels
Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels
Florida State University Law Review
Torts- WRONGFUL DEATH- FLORIDA'S WRONGFUL DEATH ACT IS CONSTITUTIONAL AND PERMITS PUNITIVE DAMAGES.
Punitive Damages In Products Liability Litigation, David Owen
Punitive Damages In Products Liability Litigation, David Owen
Faculty Publications
No abstract provided.
Punitive Damages In Products Liability Litigation, David G. Owen
Punitive Damages In Products Liability Litigation, David G. Owen
Michigan Law Review
This article will first explore the doctrine of punitive damages and its compatibility with the theories of products liability. The functions of punitive damages and their applicability in the products liability context will then be examined, with particular consideration given to the three complicating factors raised by Judge Friendly in Roginsky. In the following section attention will focus on the various contexts in which manufacturer misconduct has arisen in the reported decisions and a number of unreported cases that have involved this issue. Finally, guidelines will be developed from these cases for determining the appropriateness of punitive damages awards …
Wrongful Dishonor, James J. White
Wrongful Dishonor, James J. White
Other Publications
Uniform Commercial Code section 4-402. I. Basic Liability II. Damages III. Miscellaneous Asides
Punitive Damages In Wrongful Death, Gary N. Holthus
Punitive Damages In Wrongful Death, Gary N. Holthus
Cleveland State Law Review
Punitive damages, also known as exemplary damages, smart money, or vindictive damages, are damages awarded to a plaintiff on a finding of malicious, fraudulent, willful, wanton, or reckless conduct by a defendant, indifferent to the rights and safety of others. The purpose of exemplary damages is to protect the public from reckless, willful acts and to punish the wrongdoer
Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review
Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review
Michigan Law Review
Several lower federal courts have recently been faced with this issue and have reached conflicting results in their attempts to resolve it. This Note will examine both the problems of statutory interpretation and the policy considerations that are involved in deciding whether punitive damages should be awarded in civil actions based on violations of rule I0b-5.
Automobile Insurance Coverage For Punitive Damages, Miles Loadholt
Automobile Insurance Coverage For Punitive Damages, Miles Loadholt
South Carolina Law Review
No abstract provided.
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Cleveland State Law Review
The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Cleveland State Law Review
The logic and validity of the public policy argument that to require insurance companies to pay punitive damages would place a burden upon the innocent insurance carrier, and ultimately the public itself, is weak and indefensible. The concern for not wanting to punish the insurance carrier, an innocent party, is not logical since any insurance company is an innocent party. The involvement is based on the contractual relationship of indemnification. If an insurance company does not wish to indemnify for punitive damages, then it should specifically exclude such coverage in the policy. In the absence of such a specific exclusion, …
Punitive Damages: Punishment Of An Insured Defendant?, Carroway V. Johnson, Kenneth Lasson
Punitive Damages: Punishment Of An Insured Defendant?, Carroway V. Johnson, Kenneth Lasson
All Faculty Scholarship
The plaintiff sued the defendant for injuries sustained in an automobile collision and was awarded a judgment in the amount of $5,000 actual damages and $1,500 punitive damages. The defendant's insurance company had refused to defend her in that action or to pay the judgment obtained, relying upon an employee exclusion clause in the policy. The plaintiff thereupon sued the defendant on the judgment, this time joining the insurer as a co-defendant, and won a verdict to recover against the insurer the aforesaid amount. The insurance company appealed, questioning its liability for punitive damages.
Equity -- 1960 Tennessee Survey, T. A. Smedley
Equity -- 1960 Tennessee Survey, T. A. Smedley
Vanderbilt Law Review
While no decisions involving momentous developments in equity jurisprudence have been handed down during the past year, the Tennessee Chancery Courts have on several occasions demonstrated a tendency to free themselves from artificial restrictions on the operation of traditional equitable remedies. Illustrating this inclination are cases which resulted in decrees removing a cloud on title, granting partial specific performance of a land sale contract, awarding punitive damages, and granting injunctive relief against a county's perpetration of a nuisance. Another series of cases contributed some clarifying rulings regarding the scope of the right to jury trial in chancery proceedings.
Equity--1959 Tennessee Survey, T. A. Smedley
Equity--1959 Tennessee Survey, T. A. Smedley
Vanderbilt Law Review
The amazing versatility of the chancery courts in Tennessee has been demonstrated again in two decisions handed down during the past year; but on the other hand, two cases decided in this interval disclosed evidence of the regrettable "decadence of equity" which Dean Pound deplored more than half a century ago.' In most of the other decisions which may be classified under the ambiguous heading of "Equity," only normal application of established principles to routine situations seems to have been involved.
Torts--1959 Tennessee Survey, Dix W. Noel
Torts--1959 Tennessee Survey, Dix W. Noel
Vanderbilt Law Review
As usual, a considerable number of cases involving tort law were decided during the survey period. One of the decisions involves a point of first impression in this state, the matter of whether an unborn child comes within the scope of the wrongful death statute. A number of the decisions serve to clarify existing rules, or to carry these rules a step further in applying them to new situations. There were also some significant statutory developments, including the changes in the Railroad Precautions Act.
Punitive Damages For Breach Of Contract In South Carolina, Henry Summerall Jr.
Punitive Damages For Breach Of Contract In South Carolina, Henry Summerall Jr.
South Carolina Law Review
No abstract provided.
Constitutional Aspects Of Retraction Statutes
Constitutional Aspects Of Retraction Statutes
Fordham Law Review
No abstract provided.
Restitution-Unjust Enrichment-Right Of Defaulting Purchaser To Recover Part Payment, Theodore J. St. Antoine S.Ed.
Restitution-Unjust Enrichment-Right Of Defaulting Purchaser To Recover Part Payment, Theodore J. St. Antoine S.Ed.
Michigan Law Review
Plaintiff made a prepayment of $59,946.67, or twenty-five percent, on twenty printing presses which it was purchasing for shipment to Russia. Before their delivery a federal regulation was promulgated under which plaintiff was denied an export license. Plaintiff therefore rejected tender of the presses, and defendant vendor sold them to a third party for $18,765 more than the contract price to plaintiff. Plaintiff sued to recover its down payment and the profit resulting from defendant's resale. On appeal from a judgment for defendant, held, reversed and remanded. A defaulting purchaser is entitled to restitution of its payments in excess …
Punitive Damages In Equity - Superior Construction Co. V. Elmo, Gerald J. Robinson
Punitive Damages In Equity - Superior Construction Co. V. Elmo, Gerald J. Robinson
Maryland Law Review
No abstract provided.