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Articles 1 - 6 of 6
Full-Text Articles in Law
Hiding Behind Policy: Confusing Compensation With Indemnification, Jennifer A. Emmaneel
Hiding Behind Policy: Confusing Compensation With Indemnification, Jennifer A. Emmaneel
Golden Gate University Law Review
In PPG Industries, Inc. v. Transamerica Insurance CO., the California Supreme Court held that an insurer may not indemnify its insured for a punitive damages judgment in a third party action. Even if the excess judgment is the result of the insurer's bad faith breach of its duty to settle a third party action on behalf of its insured, an insured may not recover if it seeks compensatory damages that include a punitive damages judgment. The California Supreme Court found that to conclude otherwise would violate California's long established public policy precluding indemnification of punitive damages. This Note examines the …
Punitive Damages In Commercial Arbitration: A Due Process Analysis, Ira P. Rothken
Punitive Damages In Commercial Arbitration: A Due Process Analysis, Ira P. Rothken
Golden Gate University Law Review
This comment theorizes that awarding punitive damages in commercial arbitration is "state action" requiring due process. Unlike the traditional contract remedy of compensatory damages, punitive damages have for centuries been under the exclusive control of the State. The Supreme Court has found that a traditional and exclusive State power exercised by a private individual is "state action" requiring due process. Therefore when punitive damages are at issue, the arbitration agreement must consist of a minimum quantum of procedures that balance the protection against erroneous punishment with the State's interest in limiting the burden on arbitration. This comment also theorizes that …
Doling Out Environmental Justice To Nicaraguan Banana Workers: The Jose Adolfo Tellez V. Dole Food Company Litigation In The U.S. Courts, Armin Rosencranz, Stephen Roblin, Nicole Balloffet
Doling Out Environmental Justice To Nicaraguan Banana Workers: The Jose Adolfo Tellez V. Dole Food Company Litigation In The U.S. Courts, Armin Rosencranz, Stephen Roblin, Nicole Balloffet
Golden Gate University Environmental Law Journal
In this article, we will explore the circumstances that led to this landmark ruling and verdict in Los Angeles, how Judge Chaney’s rulings changed the trajectory of the case, the recent developments concerning fraud by at least one U.S. lawyer, and how all of these factors might impact the future practices of transnational corporations.
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Publications
This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
Publications
No abstract provided.
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
Publications
Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate …