Establishing a Good-faith Defense to Punitive-damage Claims

Establishing a Good-faith Defense to Punitive-damage Claims
Author: John W. Martin
Publisher:
Total Pages: 28
Release: 2000
Genre: Business
ISBN:

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affirmative defense against punitive damage claims based on reckless conduct of employees, when that conduct is contrary to a firm's good-faith efforts to employ well-designed safety policies and procedures. This article further argues that the so-called "government standards" defense against punitive damages should be defined in a way that both promotes compliance with government standards and helps to assure that the standards provide adequate public safety. This goal could be accomplished by providing that compliance with an applicable federal safety standard constitutes prima facie evidence of good faith and shifts the burden of proof to the plaintiff to show, by clear and convincing evidence that either (1) the defendant was guilty of fraud on a regulatory agency; (2) clear advances in the state of the art, implemented after the standard had been adopted but before the defendant's product was designed, had rendered the product obsolete; or (3) the standard itself reflects a flagrant indifference to sa.

Bad Faith and Punitive Damages

Bad Faith and Punitive Damages
Author: American Bar Association. Committee on Property Insurance Law
Publisher:
Total Pages: 896
Release: 1986
Genre: Bad faith (Law)
ISBN:

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This work offers a compendium of annotations of first-party extra-contractual damage cases, focusing on cases which deal with the insurers duty to act in good faith towards its insureds and the recovery of damages for insured for the insurer's failure to do so. It includes relevant statutes and regulations from the 51 jurisdictions.

Punitive Damages in Bad Faith Cases

Punitive Damages in Bad Faith Cases
Author: John C. McCarthy
Publisher:
Total Pages: 748
Release: 1987
Genre: Bad faith (Law)
ISBN:

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A jurisdiction-by-jurisdiction discussion of the evaluation, management, settlement and litigation of bad faith cases, is provided in this anotated volume, including forms and practice aids.

Establishing Good Faith as a Defense in Certain Cases

Establishing Good Faith as a Defense in Certain Cases
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
Total Pages: 44
Release: 1954
Genre: Good faith (Law)
ISBN:

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Considers legislation to authorize use of good faith reliance on Government administrative opinions or directions as a valid civil defense.

Matthew Bender Practice Guide

Matthew Bender Practice Guide
Author: Charles Crompton
Publisher:
Total Pages:
Release: 2005-01
Genre: Actions and defenses
ISBN: 9780820558714

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RAOP

RAOP
Author:
Publisher:
Total Pages: 20
Release: 2000
Genre: Research
ISBN:

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Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Pattern Jury Instructions

Pattern Jury Instructions
Author:
Publisher:
Total Pages: 435
Release: 1997
Genre: Criminal procedure
ISBN: 9780314228369

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Title XIII of S. 829--to Amend the Federal Tort Claims Act

Title XIII of S. 829--to Amend the Federal Tort Claims Act
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure
Publisher:
Total Pages: 208
Release: 1983
Genre: Government liability
ISBN:

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