Establishing a Good-faith Defense to Punitive-damage Claims PDF Download
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Author: John W. Martin
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 28
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Book Description
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: John W. Martin
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 28
Get Book Here
Book Description
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: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Good faith (Law)
Languages : en
Pages : 44
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Book Description
Considers legislation to authorize use of good faith reliance on Government administrative opinions or directions as a valid civil defense.
Author: Charles Crompton
Publisher:
ISBN: 9780820558714
Category : Actions and defenses
Languages : en
Pages :
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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:
Publisher:
ISBN: 9780314228369
Category : Criminal procedure
Languages : en
Pages : 435
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure
Publisher:
ISBN:
Category : Government liability
Languages : en
Pages : 208
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Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Citizens and Shareholders Rights and Remedies
Publisher:
ISBN:
Category : Constitutional torts
Languages : en
Pages : 914
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Author: Harry Noyes Greene
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1414
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Author:
Publisher: Aspen Publishers
ISBN: 9780735548800
Category :
Languages : en
Pages : 412
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1420
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Book Description