Author: John W. Martin
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 28
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.
Establishing a Good-faith Defense to Punitive-damage Claims
Author: John W. Martin
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 28
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.
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 28
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.
Establishing Good Faith as a Defense in Certain Cases
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Good faith (Law)
Languages : en
Pages : 44
Book Description
Considers legislation to authorize use of good faith reliance on Government administrative opinions or directions as a valid civil defense.
Publisher:
ISBN:
Category : Good faith (Law)
Languages : en
Pages : 44
Book Description
Considers legislation to authorize use of good faith reliance on Government administrative opinions or directions as a valid civil defense.
Matthew Bender Practice Guide
Author: Charles Crompton
Publisher:
ISBN: 9780820558714
Category : Actions and defenses
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9780820558714
Category : Actions and defenses
Languages : en
Pages :
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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.
Pattern Jury Instructions
Author:
Publisher:
ISBN: 9780314228369
Category : Criminal procedure
Languages : en
Pages : 435
Book Description
Publisher:
ISBN: 9780314228369
Category : Criminal procedure
Languages : en
Pages : 435
Book Description
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:
ISBN:
Category : Government liability
Languages : en
Pages : 208
Book Description
Publisher:
ISBN:
Category : Government liability
Languages : en
Pages : 208
Book Description
Basic Text on Insurance Law
Author: Robert E. Keeton
Publisher:
ISBN:
Category : Insurance law
Languages : en
Pages : 440
Book Description
Publisher:
ISBN:
Category : Insurance law
Languages : en
Pages : 440
Book Description
Corbin on Contracts
Author: Arthur Linton Corbin
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 512
Book Description
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 512
Book Description
Amendments to the Federal tort claims act, S. 2117
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 : 916
Book Description
Publisher:
ISBN:
Category : Constitutional torts
Languages : en
Pages : 916
Book Description
American and English Annotated Cases
Author: Harry Noyes Greene
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1414
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1414
Book Description