Law Commons^™

Contribution, Claim Reduction,And Individual Treble Damage Responsibility: Which Path To Reform Of Antitrust Remedies?, Edward D. Cavanagh

Vanderbilt Law Review

Antitrust violations traditionally have been viewed as statutory torts,' yet tort principles of damage allocation, including contribution and claim reduction, have not been extended by analogy in the federal courts to antitrust cases. Moreover, the principle of joint and several liability, made applicable to antitrust conspirators by judicial fiat some eighty years ago, has gone largely unchallenged. While the federal antitrust laws are nearly a century old, the damage allocation debate is of recent vintage, emerging in the wake of the Electrical Equipment Cases, when the private treble damage remedy came into its own.

The recent emergence of contribution and …

Implied Covenants Of Good Faith And Fair Dealing: Loose Cannons Of Liability For Financial Institutions?, Patricia A. Milon

Vanderbilt Law Review

The recent willingness of many courts and juries to impose liability on financial institutions has prompted an increasing number of customers to bring suits against their banks and creditors. These suits often involve claims for millions of dollars in both compensatory and punitive damages for alleged bank or creditor misconduct. For example, the Sixth Circuit recently affirmed a jury award of seven and one half million dollars to a borrower whose lender suddenly refused to advance funds under a line of credit agreement. In similar cases involving a bank's refusal to lend money under credit agreements, a California jury awarded …