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Full-Text Articles in Law

Transnational Service Of Process And Discovery In Federal Court Proceedings: An Overview, Phillip A. Buhler Jan 2002

Transnational Service Of Process And Discovery In Federal Court Proceedings: An Overview, Phillip A. Buhler

Articles, Book Chapters, & Popular Press

The nature of the maritime business makes it inevitable that much litigation, usually taking place in federal court, involves issues of service of process for the summons and complaint on foreign entities, and that discovery involves efforts to depose witnesses overseas and to collect documents, materials, and information from foreign jurisdictions. This Article is not intended to be an exhaustive treatment of the subject of transnational service of process and discovery. Many articles, in fact whole books, have been written on various aspects of these issues. However, none seem to cover the entire subject. Voluminous case law addresses various aspects …


Cooperation Between Coastal States And User States In The Malacca And Singapore Straits Under Article 43 Of The Unclos 1982 [United Nations Convention On The Law Of The Sea] : Cost Burden Sharing And Possible Solutions For The Establishment Of A Funding Mechanism, Ryoji Hayashi Jan 2002

Cooperation Between Coastal States And User States In The Malacca And Singapore Straits Under Article 43 Of The Unclos 1982 [United Nations Convention On The Law Of The Sea] : Cost Burden Sharing And Possible Solutions For The Establishment Of A Funding Mechanism, Ryoji Hayashi

World Maritime University Dissertations

No abstract provided.


Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine Dec 2001

Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine

Jonathan C. Augustine

Generally speaking, an insurance agreement is a contractual obligation between two parties, the insured, who pays a premium for the benefit of coverage, and its insurer, who receives the payment and issues a guarantee against loss. Accordingly, by strict definition, the contract of insurance and the insured’s consequential ability to recover for sustained damages is limited as a two party agreement. The Louisiana legislature has been forward thinking in the field of insurance. The state enacted a “direct action statute,” allowing aggrieved third parties to proceed directly against insurers in either tort or contract, for the recovery of damages, when …