Home Is Where The Confusion Is: Pennsylvania Formally Adopts The "Gist Of The Action" Doctrine And Builds A House For Ambiguity In Bruno V. Erie Insurance Co.,
2016
Villanova University Charles Widger School of Law
Home Is Where The Confusion Is: Pennsylvania Formally Adopts The "Gist Of The Action" Doctrine And Builds A House For Ambiguity In Bruno V. Erie Insurance Co., Lauren Anthony
Villanova Law Review (1956 - )
No abstract provided.
Contracting Out Of Fiduciary Duties In Llcs: Delaware Will Lead, But Will Anyone Follow?,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Contracting Out Of Fiduciary Duties In Llcs: Delaware Will Lead, But Will Anyone Follow?, H. Justin Pace
Nevada Law Journal
No abstract provided.
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict,
2016
Penn State Law
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Faculty Scholarship
On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will be remembered by most …
Do Community Benefits Agreements Benefit Communities?,
2016
Brooklyn Law School
Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri
Cardozo Law Review
Community Benefits Agreement (CBA) campaigns and public discussions about community benefits are becoming the norm in deciding how large urban projects are built outside of formal public land use approvals. CBAs have revolutionized land use approvals for large, public-private economic development projects: now developers and coalitions representing low-income communities can settle their disputes before formal project approval. As a result, CBAs are now commonplace nationwide.
Legal scholarship, however, has failed to keep up with these important developments. This Article aims to do just that by examining how CBAs, when properly negotiated, lower transaction costs, enhance civic participation, and protect taxpayers. …
Matthew H. Patton Order Denying Motion For Partial Judgment On Pleadings,
2016
Fulton County Superior Court, Judge
Matthew H. Patton Order Denying Motion For Partial Judgment On Pleadings, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Insurability Of Claims For Restitution,
2016
Penn State Law
The Insurability Of Claims For Restitution, Christopher French
Faculty Scholarship
Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …
Ncr Corp. Order On Plaintiff's Motion For Partial Summary Judgment,
2016
Fulton County Superior Court, Judge
Ncr Corp. Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations,
2016
Seattle University School of Law
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway
Seattle University Law Review
Employers in a variety of fields are increasingly imposing noncompete agreements on their workers as a condition of the workers’ at-will employment. These employees are working at or near minimum wage, in positions that require little or no advanced technical skills. Major news sources have highlighted this issue while covering recent employment litigation between Jimmy Johns and a pair of its former employees. In this litigation, two plaintiffs filed suit in federal court seeking injunctive relief and declaratory judgment invalidating the noncompete and confidentiality agreements that they signed with the sandwich maker. Granting defendant’s motion to dismiss, the Illinois District …
Geln W. Rollins Et Al Order On Plaintiffs' Motion To Compel,
2016
Fulton County Superior Court, Judge
Geln W. Rollins Et Al Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Slave Contracts And The Thirteenth Amendment,
2016
Seattle University School of Law
Slave Contracts And The Thirteenth Amendment, John C. Williams
Seattle University Law Review
The Thirteenth Amendment—the commandment that “neither slavery nor involuntary servitude . . . shall exist within the United States”— did not truly eradicate incidents of slavery. This is hardly a controversial point. The postwar emergence of the Black Codes—laws meant to confine African Americans’ ability to rent, travel, and live as free humans would expect to—ensured that slavery’s conditions continued unabated. The Amendment itself permits slavery to exist “as a punishment for crime whereof the party shall have been duly convicted.” Still, did the Thirteenth Amendment not abolish the most fundamental characteristic of chattel slavery—the ability to trade in and …
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?,
2016
University of Ife Nigeria
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns,
2016
University of Georgia School of Law
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
Journal of Intellectual Property Law
No abstract provided.
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?,
2016
University of Georgia School of Law
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis
Journal of Intellectual Property Law
No abstract provided.
Infancy, Statutes Of Fraud And Limitations,
2016
St. John's University School of Law
Dong Feng Fang Et Al Order On Cross Motions For Summary Judgment,
2016
Fulton County Superior Court, Judge
Dong Feng Fang Et Al Order On Cross Motions For Summary Judgment, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Souza Order On Motions For Summary Judgment,
2016
Fulton County Superior Court Judge
Souza Order On Motions For Summary Judgment, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Minding Your Own Business: Privacy Policies In Principle And In Practice,
2016
Powell, Goldstein, Frazer & Murphy
Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth
Journal of Intellectual Property Law
No abstract provided.
The Restatement (Second) Of Contracts § 211: Unfulfilled Expectations And The Future Of Modern Standardized Consumer Contracts,
2016
William & Mary Law School
The Restatement (Second) Of Contracts § 211: Unfulfilled Expectations And The Future Of Modern Standardized Consumer Contracts, Eric A. Zacks
William & Mary Business Law Review
By any measure, section 211 of the Restatement (Second) of Contracts is a disappointment. The section purported to ensure the benefits of standardized contracts by presuming assent to all terms when a contract is signed or adopted. At the same time, section 211 made it unreasonable for drafting parties to rely on terms if the drafter knew or should have known that the other party would not have assented had the other been aware of such terms. Nevertheless, section 211 is rarely cited with respect to any standardized contract dispute, and even where cited, it rarely provides relief to the …
After Tackett: Incomplete Contracts For Post-Employment Healthcare,
2016
Boston University School of Law
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
Pace Law Review
This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were silent as …
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda,
2016
University of Georgia School of Law
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale
Journal of Intellectual Property Law
No abstract provided.
