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Articles 61 - 89 of 89
Full-Text Articles in Law
Punitive Damages And Strict Products Liability: An Essay In Oxymoron, Ellen Wertheimer
Punitive Damages And Strict Products Liability: An Essay In Oxymoron, Ellen Wertheimer
Villanova Law Review
No abstract provided.
Liability Insurance Coverage For Punitive Damages - Discerning Answers To The Conundrum Created By Disputes Involving Conflicting Public Policies, Pragmatic Considerations And Political Actions, Alan I. Widiss
Villanova Law Review
No abstract provided.
Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron D. Twerski
Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron D. Twerski
Villanova Law Review
No abstract provided.
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
Villanova Law Review
No abstract provided.
Mass Torts And Punitive Damages: A Comment, Gary T. Schwartz
Mass Torts And Punitive Damages: A Comment, Gary T. Schwartz
Villanova Law Review
No abstract provided.
Multiple Punitive Damages Awards, Jerry J. Phillips
Multiple Punitive Damages Awards, Jerry J. Phillips
Villanova Law Review
No abstract provided.
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
St. Mary's Law Journal
The focus of this Article is tort suits by employees, or their families, based on personal injury or death occurring in the course and scope of the worker’s employment. If an injury does not occur in the course and scope of employment, the defendant’s status as employer becomes irrelevant; the lawsuit is a common-law tort action, and the defendant has all of the common-law defenses. In 1989 the Texas Legislature repealed the former workers’ compensation law and replaced it with the new Texas Workers’ Compensation Act. The new Act took effect on January 1, 1991. The essentially voluntary nature of …
Taxes And Torts , Joseph M. Dodge
Federal Income Taxation Of Punitive Damages Awarded In Personal Injury Actions, Paul C. Feinberg
Federal Income Taxation Of Punitive Damages Awarded In Personal Injury Actions, Paul C. Feinberg
Case Western Reserve Law Review
No abstract provided.
Taxes And Torts , Joseph M. Dodge
Todd Shipyards Corp. V. Cunard Line, Ltd.: Procedural Due Process And An Arbitrator's Punitive Damage Award, Michael W. Kier
Todd Shipyards Corp. V. Cunard Line, Ltd.: Procedural Due Process And An Arbitrator's Punitive Damage Award, Michael W. Kier
Case Western Reserve Law Review
No abstract provided.
Augmented Awards: The Efficient Evolution Of Punitive Damages, Thomas C. Galligan Jr.
Augmented Awards: The Efficient Evolution Of Punitive Damages, Thomas C. Galligan Jr.
Louisiana Law Review
No abstract provided.
Browning-Ferris Industries V. Kelco Disposal, Inc.: The Excessive Fines Clause And Punitive Damages, Donald S. Yarab
Browning-Ferris Industries V. Kelco Disposal, Inc.: The Excessive Fines Clause And Punitive Damages, Donald S. Yarab
Case Western Reserve Law Review
No abstract provided.
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Cleveland State Law Review
Punitive, or exemplary damages, have been recognized in the Anglo-American common law systems for two centuries. This Article explores the consequences of treating punitive damages as a private means of punishment. Light is shed on the controversies surrounding, first, the attempt to adopt a standard of punishment, private or public, and second, to apply such a standard. The concentration on punitive damages for this exploratory undertaking, instead of criminal sanctions, avoids the need to account for additional imputed public penal purposes, such as rehabilitation and isolation. As a preliminary matter, the emphasis of this Article should be made clear. The …
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Indiana Law Journal
No abstract provided.
The Insurability Of Punitive Damages In Louisiana, C. Caldwell Herget Huckabay
The Insurability Of Punitive Damages In Louisiana, C. Caldwell Herget Huckabay
Louisiana Law Review
No abstract provided.
Oliver V. Raymark: Holding The Line On Punitive Damages, Brian M. English
Oliver V. Raymark: Holding The Line On Punitive Damages, Brian M. English
Notre Dame Law Review
No abstract provided.
Reassessment Of International Application Of Antitrust Laws: Blocking Statutes, Balancing Tests, And Treble Damages
Law and Contemporary Problems
No abstract provided.
Punitive Damages In California Arbitration After Baker V. Sadick: A Proposed Statutory Reform, Erin Parks
Punitive Damages In California Arbitration After Baker V. Sadick: A Proposed Statutory Reform, Erin Parks
Santa Clara Law Review
No abstract provided.
Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich
Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich
Thomas J. Stipanowich
In this article, Professor Stipanowich discusses the evolution of arbitration as a wide-ranging “surrogate” for civil trial and the debate over arbitrators’ power to levy awards of punitive or exemplary damages. He exhaustively summarizes and analyzes relevant court decisions, policy and practical concerns.
Conflict Over Rico’S Private Treble Damages Action , Robert Taylor Hawkes
Conflict Over Rico’S Private Treble Damages Action , Robert Taylor Hawkes
Cornell Law Review
No abstract provided.
Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier
Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier
Case Western Reserve Law Review
No abstract provided.
Zen And The Art Of Exemplary Damages Assessment, Theodore Emens Cowen
Zen And The Art Of Exemplary Damages Assessment, Theodore Emens Cowen
Kentucky Law Journal
No abstract provided.
Punitive Damages In Maritime Personal Injuries: Dyer V. Merry Shipping Co., Charles Clifton St. Dizier
Punitive Damages In Maritime Personal Injuries: Dyer V. Merry Shipping Co., Charles Clifton St. Dizier
Louisiana Law Review
No abstract provided.
Municipal Liability For Exemplary Damages, David H. Hines
Municipal Liability For Exemplary Damages, David H. Hines
Cleveland State Law Review
Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.
Evidence Of Financial Worth And Apportionment Of Exemplary Damages - Lehman V. Spencer Ladd's, Inc.
Evidence Of Financial Worth And Apportionment Of Exemplary Damages - Lehman V. Spencer Ladd's, Inc.
Maryland Law Review
No abstract provided.
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Cleveland State Law Review
The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.
Exemplary Damages In Actions For Assault And Battery - Baltimore Transit Company V. Faulkner
Exemplary Damages In Actions For Assault And Battery - Baltimore Transit Company V. Faulkner
Maryland Law Review
No abstract provided.
Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly
Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly
Michigan Law Review
The recent South Carolina case of Johnson v. Atlantic Coast Line R. Co., presents, it is submitted, an undesirable extension of the rule announced in Goddard v. Grand Trunk R. Co. The latter decided that a corporation or principal is liable in punitive damages for a malicious act of its agent committed in the course of, or in connection with, his duties or employment. The prevailing opinion seems to be that the principal is liable (in exemplary damages) only when he has authorized, participated in, or ratified the act of the agent. or was negligent in the selection of …