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Full-Text Articles in Law
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Can Bar Arbitration, Daivy P. Dambreville
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Can Bar Arbitration, Daivy P. Dambreville
Daivy P Dambreville
The U.S. Supreme Court has long adhered to a federal policy favoring arbitration, and has consistently resolved ambiguities within arbitration clauses in favor of arbitration. In applying this principle, courts are guided by the Federal Arbitration Act (FAA) which provides the federal substantive law of arbitrability. The Court has now consistently interpreted the FAA’s main purpose as to guarantee that arbitration agreements are enforced according to their terms. Yet, in regard to procedural matters of arbitrability there is a presumption that these matters should be decided by the court, unless otherwise stated in the arbitration agreement. But where parties devise …
Debunking The Myth That Insurance Coverage Is Not Available Or Allowed For Intentional Torts Or Damages, Christopher French
Debunking The Myth That Insurance Coverage Is Not Available Or Allowed For Intentional Torts Or Damages, Christopher French
Journal Articles
Over the years, a myth has developed that insurance coverage is not available or allowed for intentional injuries or damage. This myth has two primary bases: one, the “fortuity” doctrine, which provides that insurance should only cover losses that happen by chance; and two, public policy, which allegedly disfavors allowing insurance for intentional injuries or damage. This article dispels that myth. Many types of liability insurance policies expressly cover intentional torts including trademark infringement, copyright infringement, invasion of privacy, defamation, disparagement, and improper employment practices such as discrimination. In addition, punitive damages, which typically are awarded for intentional misconduct, are …
Gaining Assurances, Julia Y. Lee
Gaining Assurances, Julia Y. Lee
Journal Articles
This Article explores alternative legal mechanisms for solving a type of coordination problem known as the Assurance Game. The traditional approach has been to focus on changing the expectations of the parties. This Article focuses on altering the underlying payoff structure — not through sanctions, but through risk-reducing mechanisms such as guarantees.
One type of risk-reducing mechanism is the conditional money-back guarantee. Conditional money-back guarantees operate in settings ranging from federal deposit insurance to daily deal websites such as Groupon and LivingSocial. In each of these, a promise is made to return an individual’s monetary contribution if an event or …