Contribution, Claim Reduction, and Individual Treble Damage Responsibility PDF Download
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Author: Association of the Bar of the City of New York. Committee on Antitrust and Trade Regulation
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 14
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Book Description
Author: Association of the Bar of the City of New York. Committee on Antitrust and Trade Regulation
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 14
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Book Description
Author: Daniel M. Wall
Publisher: American Bar Association
ISBN: 9780897072267
Category : Law
Languages : en
Pages : 100
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Book Description
This paperback work discusses the major arguments for and against contribution and claim reduction legislation.
Author: Joseph Angland
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Three elements of the antitrust remedial scheme - joint and several liability, the absence of a right to contribution, and the offsetting of settlements against pre-trebled damages - combine to create several unfair results. Similarly situated defendants can be forced to bear very different shares of a damage award at a plaintiff's whim, and defendants collectively face incentives to settle for more than the sum of their expected liabilities at trial. The elimination of joint and several liability would solve these fairness problems, but it would create another one in that the plaintiff, rather than other conspirators, would be forced to bear the risk of a defendant's being unable to pay a judgment. Creating a right of contribution among coconspirators and reducing pre-trebled damages by the share attributable to a settling defendant is a preferable solution. It would redress the fairness problems without impairing a plaintiff's right to full compensation. Such contribution and claim reduction, moreover, would not undermine deterrence, discourage fair settlement, or create severe problems of administrability.
Author: Timothy James Stanley
Publisher:
ISBN:
Category : Joint tortfeasors
Languages : en
Pages : 150
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Book Description
Author: A. Mitchell Polinsky
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 51
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Book Description
Author: Griffin B. Bell
Publisher: Public Interest
ISBN:
Category : Law
Languages : en
Pages : 52
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Book Description
Author: Etats-Unis. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages : 57
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Book Description
Author: Association of the Bar of the City of New York. Committee on Antitrust and Trade Regulation
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 42
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
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Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
