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Articles 1 - 6 of 6
Full-Text Articles in Legal Remedies
Enhancing The Socially Instrumental Role Of Insurance: The Opportunity And Challenge Presented By The Ali Restatement Position On Breach Of The Duty To Defend, Jeffrey W. Stempel
Enhancing The Socially Instrumental Role Of Insurance: The Opportunity And Challenge Presented By The Ali Restatement Position On Breach Of The Duty To Defend, Jeffrey W. Stempel
Scholarly Works
The American Law Institute (ALI), in its current draft of the Restatement of the Law of Liability Insurance , has adopted the position that a liability insurer in breach of its duty to defend, but not acting in bad faith, forfeits the right to dispute coverage of the resulting judgment or reasonable, noncollusive settlement in a lawsuit. The ALI view is the minority rule in the courts in that most make bad faith a prerequisite for loss of a coverage defense but presumably will spur re-examination of the issue in many states. Unsurprisingly, insurers have opposed the ALI position with …
Of Carts And Horses: Organizing Remedies For The Classroom, Elaine W. Shoben
Of Carts And Horses: Organizing Remedies For The Classroom, Elaine W. Shoben
Scholarly Works
No abstract provided.
Foreword: Confronting The Rights Deficit At Home And Abroad, Ruben J. Garcia
Foreword: Confronting The Rights Deficit At Home And Abroad, Ruben J. Garcia
Scholarly Works
In this foreword, the author introduces the idea of the rights deficit faced by people of color and low socioeconomic status by linking it to related debates—first on the nature of rights and second on whether there are domestic and international “democracy deficits.” Then the author describes the essays from the 2006 Western Law Professors of Color Conference in the three groups in which they appear in the issue. One group of essays focuses on the aftermath of Hurricane Katrina for the domestic rights deficit. In the area of education law and policy, the issue is not just the rights …
Lies Between Mommy And Daddy: The Case For Recognizing Spousal Emotional Distress Claims Based On Domestic Deceit That Interferes With Parent–Child Relationships, Linda L. Berger
Scholarly Works
This Article discusses whether courts should recognize spousal IIED causes of action based on intentional lies that interfere with the establishment or the continuation of parent-child relationships. The Article begins with an overview of the currents in family law and tort law that converge in domestic tort actions. Next, it reviews the current status of a particular domestic tort: spousal emotional distress. It then examines the evolution of emotional distress claims based on interference with parent-child relationships, moving from California's early and continuing rejection of these claims to the very recent recognition of these claims by other states. Finally, it …
Transcript Of The Florida Tobacco Litigation Symposium - Fact, Law, Policy And Significance, Jeffrey W. Stempel, Jean R. Sternlight
Transcript Of The Florida Tobacco Litigation Symposium - Fact, Law, Policy And Significance, Jeffrey W. Stempel, Jean R. Sternlight
Scholarly Works
On November 17, 1997, Professors Jeffrey W. Stempel and Jean R. Sternlight joined a group of colleagues specializing in litigation at the Florida State University College of Law Review's Symposium on the tobacco litigation settlement reached between the State of Florida and five leading tobacco manufacturers that same year. The professors appeared on a panel to discuss the the relationship among the legal system, public health concerns, and tobacco. This is a transcript of those preceedings.
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Scholarly Works
Traditionally, the “American rule” for the award of attorneys’ fees has provided that parties will bear their own attorney costs absent the exceptional circumstances in which the losing party has acted in bad faith or the litigation has provided a substantial public benefit. For successful parties in litigation against the federal government, the doctrine of sovereign immunity has precluded an award of attorneys’ fees even if the “American rule” exceptions were met. Only the express waiver of immunity will allow a fee award for private parties who prevail against the government in judicial or administrative proceedings. Despite the existence of …