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Solidifying Arkansas's Liquidated Damage Law After S.O.G.-San-Ore-Gardner V. Missouri Pacific Railroad Co.: It's Not All Water Under The Bridge, David C. Jung Jan 2013

Solidifying Arkansas's Liquidated Damage Law After S.O.G.-San-Ore-Gardner V. Missouri Pacific Railroad Co.: It's Not All Water Under The Bridge, David C. Jung

University of Arkansas at Little Rock Law Review

The construction of the Benzal Bridge over the White River in rural Arkansas brought about years of litigation between Missouri Pacific Railroad Company and contractor San Ore-Gardner, the crux of which was whether the liquidated damages provision in the parties' contract was enforceable. The liquidated damages provision at issue provided that San Ore-Gardner would be liable to Missouri Pacific Railroad Company for damages in the amount of $600 per day if performance of the contract was not completed within the specified time period. Although Missouri Pacific Railroad Company did contribute to the over two year delay in completion of the …


Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand Jan 2013

Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand

Articles

This publication was prepared for the U.S. Federal Judicial Center as a guide for Federal Judges on the recognition and enforcement of foreign judgments. It covers applicable law in federal courts, the issues raised when a foreign judgments recognition case, grounds for non-recognition (and their sources in the law), and recent developments that may affect future adjustments in the rules. The law in those states that have adopted one of the Uniform Acts is covered, as is the law in states that remain under a common law system for recognition and enforcement of judgments. Also covered is the 2005 Hague …