Establishing A Good Faith Defense To Punitive Damage Claims
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Author | : John W. Martin |
Publisher | : |
Total Pages | : 28 |
Release | : 2000 |
Genre | : Business |
ISBN | : |
Download Establishing a Good-faith Defense to Punitive-damage Claims Book in PDF, Epub and Kindle
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.
Author | : American Bar Association. Committee on Property Insurance Law |
Publisher | : |
Total Pages | : 896 |
Release | : 1986 |
Genre | : Bad faith (Law) |
ISBN | : |
Download Bad Faith and Punitive Damages Book in PDF, Epub and Kindle
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.
Author | : John C. McCarthy |
Publisher | : |
Total Pages | : 748 |
Release | : 1987 |
Genre | : Bad faith (Law) |
ISBN | : |
Download Punitive Damages in Bad Faith Cases Book in PDF, Epub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 1988 |
Genre | : Bad faith (Law) |
ISBN | : |
Download "Bad Faith" and Punitive Damages in Life, Health and Disability Claims Book in PDF, Epub and Kindle
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 44 |
Release | : 1954 |
Genre | : Good faith (Law) |
ISBN | : |
Download Establishing Good Faith as a Defense in Certain Cases Book in PDF, Epub and Kindle
Considers legislation to authorize use of good faith reliance on Government administrative opinions or directions as a valid civil defense.
Author | : Charles Crompton |
Publisher | : |
Total Pages | : |
Release | : 2005-01 |
Genre | : Actions and defenses |
ISBN | : 9780820558714 |
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Author | : |
Publisher | : |
Total Pages | : 20 |
Release | : 2000 |
Genre | : Research |
ISBN | : |
Download RAOP Book in PDF, Epub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : 435 |
Release | : 1997 |
Genre | : Criminal procedure |
ISBN | : 9780314228369 |
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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 | : |
Download Title XIII of S. 829--to Amend the Federal Tort Claims Act Book in PDF, Epub and Kindle