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Removal And Remand - Beyond The Supplements, Joan E. Steinman
Removal And Remand - Beyond The Supplements, Joan E. Steinman
Joan E. Steinman
This is a compilation of case descriptions and citations to law review articles that complements the contents of the 2014 Pocket Parts to volumes 14B and C of the Wright & Miller treatise on Federal Practice and Procedure. It was put together by the author of those Pocket Parts. The cases described here either are not included at all in the 2014 volume 14B and C Pocket Parts or are cited there for different propositions than are reflected in this electronic publication. The cases that are included in this electronic compilation came to my attention between mid-October, 2012, and mid-October, …
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Joan E. Steinman
In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory …