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Articles 151 - 176 of 176
Full-Text Articles in Law
The Wet Settlement Act And The Problem Of Delayed Disbursements, Lynda L. Butler
The Wet Settlement Act And The Problem Of Delayed Disbursements, Lynda L. Butler
Popular Media
No abstract provided.
Proposals To Amend Rule 68- Time To Abandon Ship, Stephen B. Burbank
Proposals To Amend Rule 68- Time To Abandon Ship, Stephen B. Burbank
University of Michigan Journal of Law Reform
It is no surprise that, having included "facilitating the settlement of the case" as one of the objectives of pretrial conferences in the 1983 amendments to Rule 16 of the Federal Rules of Civil Procedure, the Advisory Committee has turned its attention to Rule 68. The Rule was intended to provide an incentive to settle by requiring that a prevailing claimant who has declined a more favorable offer of judgment pay post-offer "costs." But, in the Advisory Committee's view, Rule 68 has proved ineffective. The concern, apparently, is not that too few civil cases filed in federal court are settled-less …
The Financial Condition And Insurance Policy Limits Of A Joint Tortfeasor Wishing To Settle In Good Faith: Problems Of Discovery And Confidentiality, Florrie Young Roberts
The Financial Condition And Insurance Policy Limits Of A Joint Tortfeasor Wishing To Settle In Good Faith: Problems Of Discovery And Confidentiality, Florrie Young Roberts
Santa Clara Law Review
No abstract provided.
Abuse In Plaintiff Class Action Settlements: The Need For A Guardian During Pretrial Settlement Negotiations, Sylvia R. Lazos
Abuse In Plaintiff Class Action Settlements: The Need For A Guardian During Pretrial Settlement Negotiations, Sylvia R. Lazos
Michigan Law Review
This Note explores the problem of abuse of the class action device during the pretrial settlement process. Part I analyzes the underlying sources of potential abuse in pretrial settlement negotiations. Part II assesses the adequacy of the standards currently used by courts to detect collusive class action settlements. Part III concludes that the appointment of a neutral third-party guardian to oversee the pretrial negotiation process furthers the judicial policy of encouraging settlements while protecting the interests of the absentee class.
The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs
The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs
University of Michigan Journal of Law Reform
This Note argues that Congress should amend the APPA to require a judicial public interest determination prior to the entry of a voluntary dismissal in government-initiated civil antitrust actions. Part I of this Note briefly describes the APPA and Federal Rule of Civil Procedure 41(a)(1). Part II asserts that APPA procedures do not currently apply to voluntary dismissals under Rule 41(a)(1). Part III concludes that the purposes underlying the APPA and general policy considerations support the legislative extension of the Act to dismissals. Part IV responds to objections to this proposal. Finally, Part V presents a specific amendment to the …
Judicial Authority In The Settlement Of Federal Civil Cases
Judicial Authority In The Settlement Of Federal Civil Cases
Washington and Lee Law Review
No abstract provided.
The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review
The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review
Michigan Law Review
In the wake of this uncertainty, this Note analyzes the proper scope of judicial review of consent decrees. The Note argues that to further the policies embodied in the APP A, courts should undertake intense review of proposed settlements before entering them as final judgments. Both the congressional intent in enacting the APP A and the public's interest in effective enforcement of the antitrust laws support intense judicial review. The Note then demonstrates that the deferential standard that some courts have applied is derived mainly from a case that is inapplicable to the review of consent decrees. Finally, the Note …
Claim Requirements Of The Federal Tort Claims Act: Minimal Notice Or Substantial Documentation?, Michigan Law Review
Claim Requirements Of The Federal Tort Claims Act: Minimal Notice Or Substantial Documentation?, Michigan Law Review
Michigan Law Review
This Note finds both the Adams and Swift positions unsatisfactory. Part I contends that Adams misconstrued the legislative history of the FTCA amendments by applying a minimal notice standard and then argues that Swift contravenes the amendments' fairness policy by permitting ambiguous, overreaching documentation requests. Part II contends that courts should interpret section 2675's "presented the claim" language as an accommodation between two competing Congressional objectives: presuit claims settlement and fair treatment of claimants. The Note proposes that until the Department of Justice modifies its current claims regulations, courts should toll the statute of limitations whenever an individual's claim includes …
The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros
The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros
Villanova Law Review
No abstract provided.
Quantification Of Federal And Indian Reserved Rights Through Negotiation [Outline], Daniel M. Rosenfelt
Quantification Of Federal And Indian Reserved Rights Through Negotiation [Outline], Daniel M. Rosenfelt
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
2 pages.
The Non-Board Settlement Agreement: An Analysis Of The Power Of The General Counsel To Reinstate A Withdrawn Charge, Ronald L. Mason
The Non-Board Settlement Agreement: An Analysis Of The Power Of The General Counsel To Reinstate A Withdrawn Charge, Ronald L. Mason
Case Western Reserve Law Review
No abstract provided.
Consent Decrees: Can They Withstand The Charge Of Reverse Discrimination, Evet Abt
Consent Decrees: Can They Withstand The Charge Of Reverse Discrimination, Evet Abt
Santa Clara Law Review
No abstract provided.
Title Vii Consent Decrees: Affirmative Inaction, Barbara Spector
Title Vii Consent Decrees: Affirmative Inaction, Barbara Spector
Santa Clara Law Review
No abstract provided.
Dissolution Of Marriage And The Bankruptcy Act Of 1973: "Fresh Start" Forgotten, Carl D. Young
Dissolution Of Marriage And The Bankruptcy Act Of 1973: "Fresh Start" Forgotten, Carl D. Young
Indiana Law Journal
No abstract provided.
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Dalhousie Law Journal
The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Dalhousie Law Journal
The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Dalhousie Law Journal
The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …
The Tentative Settlement Class And Class Action Suits Under Title Vii Of The Civil Rights Act, Michigan Law Review
The Tentative Settlement Class And Class Action Suits Under Title Vii Of The Civil Rights Act, Michigan Law Review
Michigan Law Review
This Note will examine the potential utility of a tentative settlement class (TSC) in suits initiated under title VII of the Civil Rights Act of 1964. The advantages and disadvantages of the TSC will be discussed in the context of analyzing whether the use of a TSC is valid under rules 23(a) and 23(b) of the Federal Rules of Civil Procedure. The discussion of the merits of the TSC in the title VII context will illustrate the problems inherent in the use of a tentative class for encouraging settlements of any class action.
Status Of Marital Settlements: Gifts Or Bargaining Transactions, D. Mark Bienvenu
Status Of Marital Settlements: Gifts Or Bargaining Transactions, D. Mark Bienvenu
Louisiana Law Review
No abstract provided.
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Cleveland State Law Review
Many personal injury cases that appear on court calendars, as well as many not filed, are settled before trial. Settlements usually involve payment by the alleged wrongdoer in consideration of a release executed by the injured party. As for the alleged wrongdoer, this act settles the conflict in that the releasor has bargained away his legal remedy. As for the releasor, compensation for the injury was his objective. Sparse authority to the contrary, a release constitutes a contract, the validity of which can be affected by fraud, duress or mistake. Generally, one need not go into equity and pray for …
Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye
Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye
Michigan Legal Studies Series
The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.
Taxation - Federal Estate Tax - Powers Of Appointment - When Property Subject Thereto Is Taxable As Part Of Donee's Estate - Effect Of A Compromise, Charles J. O'Laughlin
Taxation - Federal Estate Tax - Powers Of Appointment - When Property Subject Thereto Is Taxable As Part Of Donee's Estate - Effect Of A Compromise, Charles J. O'Laughlin
Michigan Law Review
The decedent was a beneficiary of a trust established by his father and of two other trusts created by his mother. From his father's trust the decedent was to receive a portion of the income prior to his twenty-eighth birthday, when he was to receive the principal and accumulated income. His mother's trusts gave him the income for life, subject to certain restrictions before he attained the age of twenty-eight. Under all three trusts he had a general testamentary power of appointment. In case of nonexercise of this power, decedent's descendants were to be default takers under the donor's will, …
Mortgages - Deed In Lieu Of Foreclosure - Validity, Elbridge D. Phelps
Mortgages - Deed In Lieu Of Foreclosure - Validity, Elbridge D. Phelps
Michigan Law Review
Depression years have brought to the fore a question much controverted in the early law, but now said to have become settled. That question regards the effect and efficacy of a conveyance of the mortgaged land, or a transfer of the equity of redemption, by the mortgagor to his mortgagee. It seems to have been cheerfully assumed by some lawyers, and by laymen in general, that in the absence of liens subsequent to the mortgage, the procedure is perfectly safe and proper in every case. It is the purpose of this discussion, however, to point out certain dangers inherent in …
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Michigan Law Review
One C negligently drove her car into an obstruction on the highway placed there by defendant. The accident occurred at night and the defendant had failed to place a light on the obstruction to indicate its presence to motorists. At the time of the accident M was a guest in C's car and suffered injuries as a result of the collision. Plaintiff, insurance carrier for C, settled with M for the injuries sustained and obtained a release covering the liability of all parties. Plaintiff as subrogee of C's rights brought the present action to recover contribution from …
Torts-Release Of Joint Tortfeasor
Torts-Release Of Joint Tortfeasor
Michigan Law Review
Plaintiff, vendee, sued defendant, vendor, upon an alleged fraudulent warranty that the cows, which were the subject matter of the sale, had been immunized against hemorrhagic septicaemia, or "shipping fever." While in transit, through the negligence of the railroad, the cows were injured. Their resistance to the disease was consequently lowered and they became infected, whereby plaintiff was damaged by consequent sterility, unmarketable milk, and abortions. Plaintiff accepted $1,500 from the railroad as "settlement in full for any liability you may be under." This settlement was pleaded as a bar to the action against the vendor. Held, that plaintiff's …
Compilation Of Smith's Index To Littell's Laws Of Kentucky Which Relate To Barren County And Selected Areas, Kentucky Library Research Collections
Compilation Of Smith's Index To Littell's Laws Of Kentucky Which Relate To Barren County And Selected Areas, Kentucky Library Research Collections
Research Collections
Abstracted information from A COMPLETE INDEX TO THE NAMES OF PERSONS, PLACES AND SUBJECTS MENTIONED IN LITTELL'S LAWS OF KENTUCKY A GENEALOGICAL AND HISTORICAL GUIDE PREPARED BY W. T. SMITH that includes personal acts approved by the state of Kentucky with information from the following sessions relating to Barren, Monroe, Cumberland, Allen and Warren Counties: 1792 June Session 1 59-114 1792 November Session 1 115-172 1793 November Session 1 173-221 1794 November Session 1 222-274 1795 November Session 1 275-360 1796 November Session 1 361-604 1797 February Session 1 605-696 1797 November Session 1 697-698 1798 January Session 2 1-183 …