Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download Philip Morris Usa V Williams 2007 full books in PDF, epub, and Kindle. Read online Philip Morris Usa V Williams 2007 ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1146 pages
Book Rating : 4.3/5 (91 download)
Download or read book Philip Morris USA V. Williams (2007). written by United States. Supreme Court and published by . This book was released on 2007 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (173 download)
Download or read book Constitutional Limits on Punitive Damages Awards written by and published by . This book was released on 2007 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts sometimes award punitive (or exemplary) damages in addition to compensatory damages. Compensatory damages redress the "loss the plaintiff has suffered by reason of the defendant's wrongful conduct." Punitive damages serve the dual purposes of deterrence and retribution, and are viewed as "quasi-criminal" and as "private fines"; the Supreme Court has defined their imposition as "an expression of [the jury's] moral condemnation." In a 5-4 decision on February 20, 2007, the U.S. Supreme Court vacated and remanded the Oregon Supreme Court's decision in Philip Morris USA v. Williams, a case in which the Oregon Supreme Court held that a punitive damages award of $79.5 million did not violate the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. The Supreme Court had granted certiorari to consider "[w]hether, in reviewing a jury's award of punitive damages, an appellate court's conclusion that a defendant's conduct was highly reprehensible and analogous to a crime can 'override' the constitutional requirement that punitive damages be reasonably related to the plaintiff's harm." The Court had further agreed to consider "[w]hether due process permits a jury to punish a defendant for the effects of its conduct on non-parties." Holding that the Due Process Clause does not allow a jury to base the amount of a punitive damage award on the jury's "desire to punish the defendant for harming persons who are not before the court," the Court then declined to examine whether the $79.5 million award was "grossly excessive." This report summarizes decisions by the U.S. Supreme Court in relevant punitive damages cases, discusses lower court rulings in Philip Morris USA v. Williams, analyzes arguments in the appeal of the case to the U.S. Supreme Court, examines factors the Court considered in its decision, and elucidates concerns for the future.
Author : Michael Patrick Allen
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Of Remedy, Juries and State Regulation of Punitive Damages written by Michael Patrick Allen and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007), is the latest in the Court's project to explain in what respects the United States Constitution limits punitive damages. While apparently modest, the ruling is a highly significant step in the Court's development of constitutional doctrine in an area of great public interest. This Article considers the implications of Philip Morris on the Court's recently-developed constitutional jurisprudence concerning punitive damages. It has four parts in addition to an introduction. Part II discusses the various ways in which the Court had constitutionally limited punitive damage awards before Philip Morris. Part III focuses on Philip Morris. After briefly explaining the case's factual background, this Part explains the decision's holding. That holding both further serves to constrain the award of punitive damages and, quite confusingly, also appears to affect the role of the jury in the process in a significant fashion. Thereafter, I situate Philip Morris in the broader constitutional landscape. Part IV explores three significant aspects of Philip Morris beyond its impact on constitutional doctrine. First, I consider how the decision will likely affect punitive damages as a remedial device. I suggest that Philip Morris is another step in the Court's campaign to restrict the device to what it perceives to be its historical roots. The result of this effort could have significant repercussions especially when combined with other means by which monetary recovery in the civil justice system is being restricted. Second, I describe Philip Morris's impact on the states' ability to regulate punitive damages. Some of this impact is predictable: states are restricted in using punitive damages in innovative ways. However, the decision also has the potential to affect state regulation in a way that is harmful to defendants. Finally, Part IV considers the decision's impact on juries. I argue that the Court has planted seeds by which the role of the jury in awarding punitive damages could be fundamentally altered. Part V concludes by suggesting that, as significant as it is, Philip Morris leaves a host of questions unresolved.
Author : Keith N. Hylton
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Reflections on Remedies and Philip Morris V. Williams written by Keith N. Hylton and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is a series of reflections on the implications of Philip Morris for the tort reform movement. I make an effort below to find a middle ground between the positions of the plaintiff and defendant in Philip Morris. That middle ground involves largely returning to the Supreme Court's pre-Gore treatment of punitive damages and introducing new procedural devices for defendants to challenge awards. I close with a few observations on the implications of this case law for pain and suffering awards.
Author :
Publisher :
ISBN 13 : 9780886929060
Total Pages : 1127 pages
Book Rating : 4.9/5 (29 download)
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by and published by . This book was released on 2007 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Scott Baldwin
Publisher : Wolters Kluwer
ISBN 13 : 0735501459
Total Pages : 1515 pages
Book Rating : 4.7/5 (355 download)
Download or read book The Preparation of a Product Liability Case written by Scott Baldwin and published by Wolters Kluwer. This book was released on 1998-01-01 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Preparation of a Product Liability Case offers substantive analysis and practical, expert guidance on analyzing theories of liability, conducting pre-trial discovery and discovery of particular information, introducing crucial evidence, and planning litigation strategies. You'll find all the hands-on guidance you need to tackle such essential aspects of the product liability litigation process as: Strict liability, including the design defect, manufacturing defect, and marketing defect theories Failure to warn Breach of warranty Admissibility of remedial measures Defenses, including alteration of the product, compliance with government standards, and open and obvious defects Investigating and preparing a product liability action Helpful practice guides include numerous checklists and sample forms, as well as appendices of interrogatories, sample jury charges, and safety briefs in specific types of cases.
Author : Geoffrey R. Stone
Publisher : Aspen Publishers
ISBN 13 : 9780735564022
Total Pages : 0 pages
Book Rating : 4.5/5 (64 download)
Download or read book Constitutional Law 2007 written by Geoffrey R. Stone and published by Aspen Publishers. This book was released on 2007-08-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2007 Case Supplement will feature recent U.S. Supreme Court cases, including: the school desegregation cases, Parents Involved in Community Schools v. Seattle School District No. 1 and Meredith v. Jefferson County Board of Education the Partial Birth Abortion Act decision, Gonzales v. Carhart the punitive damages decision, Philip Morris USA v. Williams
Author : Wayne V. McIntosh
Publisher : UBC Press
ISBN 13 : 0774858788
Total Pages : 297 pages
Book Rating : 4.7/5 (748 download)
Download or read book Multi-Party Litigation written by Wayne V. McIntosh and published by UBC Press. This book was released on 2010-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.
Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939164
Total Pages : 474 pages
Book Rating : 4.5/5 (99 download)
Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Author : The American Law Institute
Publisher : The American Law Institute
ISBN 13 : 0831898739
Total Pages : 333 pages
Book Rating : 4.8/5 (318 download)
Download or read book Principles of the Law of Aggregate Litigation written by The American Law Institute and published by The American Law Institute. This book was released on 2010-03-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles aim to help judges, legislators, and others make aggregation decisions correctly, and to improve the management of cases in which aggregation is allowed. In addition to formal aggregation in litigated settings, such as with class actions, the work addresses a broader array of cases that are bundled together and settled or tried to test the value of related claims.
Author : Robert A. Kagan
Publisher : Harvard University Press
ISBN 13 : 0674238362
Total Pages : 433 pages
Book Rating : 4.6/5 (742 download)
Download or read book Adversarial Legalism written by Robert A. Kagan and published by Harvard University Press. This book was released on 2019-10-08 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: American dispute resolution is more adversarial, compared with systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, penalties more severe. Here, Kagan examines the origins and consequences of this system.
Author : Patrick A. Gaughan
Publisher : John Wiley & Sons
ISBN 13 : 1119647991
Total Pages : 544 pages
Book Rating : 4.1/5 (196 download)
Download or read book Measuring Business Interruption Losses and Other Commercial Damages written by Patrick A. Gaughan and published by John Wiley & Sons. This book was released on 2020-06-23 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Measure business interruption losses with confidence You hope for the best and plan for the worst. It’s your job. But when the unimaginable happens, are you truly prepared for those business interruption losses? Measuring Business Interruption Losses and Other Commercial Damages is the only book in the field that explains the complicated process of measuring business interruption damages after you’ve been hit by the unexpected, whether the losses are from natural or man-made disasters, or whether the performance of one company adversely affects the performance of another. Understand the methodology for how lost profits should be measured Deal with the many common types of cases in business interruption lawsuits in commercial litigation Take a look at exhibits, tables, and graphs Benefit from updated data, case studies, and case law references Don’t get caught off guard. Get ahead of planning for measuring your interruption losses before disaster strikes.
Author : Jeffrey W. Stempel
Publisher : Wolters Kluwer
ISBN 13 : 0735554366
Total Pages : 3276 pages
Book Rating : 4.7/5 (355 download)
Download or read book Stempel on Insurance Contracts written by Jeffrey W. Stempel and published by Wolters Kluwer. This book was released on 2005-12-30 with total page 3276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Julian E. Zelizer
Publisher : Princeton University Press
ISBN 13 : 1400889553
Total Pages : 369 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Presidency of Barack Obama written by Julian E. Zelizer and published by Princeton University Press. This book was released on 2018-03-13 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and engaging account of the Obama years from a group of leading political historians Barack Obama's election as the first African American president seemed to usher in a new era, and he took office in 2009 with great expectations. But by his second term, Republicans controlled Congress, and, after the 2016 presidential election, Obama's legacy and the health of the Democratic Party itself appeared in doubt. In The Presidency of Barack Obama, Julian Zelizer gathers leading American historians to put President Obama and his administration into political and historical context. These writers offer strikingly original assessments of the big issues that shaped the Obama years, including the conservative backlash, race, the financial crisis, health care, crime, drugs, counterterrorism, Iraq and Afghanistan, the environment, immigration, education, gay rights, and urban policy. Together, these essays suggest that Obama's central paradox is that, despite effective policymaking, he failed to receive credit for his many achievements and wasn't a party builder. Provocatively, they ask why Obama didn't unite Democrats and progressive activists to fight the conservative counter-tide as it grew stronger. Engaging and deeply informed, The Presidency of Barack Obama is a must-read for anyone who wants to better understand Obama and the uncertain aftermath of his presidency. Contributors include Sarah Coleman, Jacob Dlamini, Gary Gerstle, Risa Goluboff, Meg Jacobs, Peniel Joseph, Michael Kazin, Matthew Lassiter, Kathryn Olmsted, Eric Rauchway, Richard Schragger, Paul Starr, Timothy Stewart-Winter, Thomas Sugrue, Jeremi Suri, Julian Zelizer, and Jonathan Zimmerman.
Author : Marshall S. Shapo
Publisher :
ISBN 13 : 0199896364
Total Pages : 307 pages
Book Rating : 4.1/5 (998 download)
Download or read book An Injury Law Constitution written by Marshall S. Shapo and published by . This book was released on 2012 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. The book argues that the body of law that Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution - a fundamental set of principles that govern relations between human persons and between individual persons and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate safety of activities and products including drugs, medical devices, automobile design, and pesticides. Professor Shapo's analysis, into which he weaves the history of these systems of law, is then linked to the unique compensation plan devised for the victims of the September 11th attacks. Professor Shapo writes about how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution is a guide to the question of what it means to be an American. Setting aside easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.
Author : Richard L. Hasen
Publisher : Aspen Publishing
ISBN 13 : 1543819885
Total Pages : 456 pages
Book Rating : 4.5/5 (438 download)
Download or read book Glannon Guide to Torts written by Richard L. Hasen and published by Aspen Publishing. This book was released on 2020-06-10 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proven Glannon Guide is a user-friendly study aid to use throughout the semester as a great supplement to (or substitute for) classroom lecture. Topics are broken down into manageable pieces and are explained in a conversational tone. Chapters are interspersed with hypotheticals like those posed in the classroom that include analysis of answers to ensure thorough understanding. Additionally, The Closer questions pose sophisticated hypotheticals at the end of each chapter to present cumulative review of earlier topics. More like classroom experiences, the Glannon Guide provides you with straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick. The user-friendly Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. The material is broken into small, manageable pieces to help you master concepts. Multiple-choice questions are interspersed throughout each chapter (not lumped at the end) to mirror the flow of a classroom lecture. Correct and incorrect answers are carefully explained; you learn why they do or do not work. You can rely on authority; the series was created by Joseph W. Glannon Harvard-educated, best-selling author of, among other legal texts, Examples & Explanations; Civil Procedure, now in its sixth edition. The Closer poses a sophisticated problem question at the end of each chapter to test your comprehension. A final Closing Closer provides you practice opportunity as well as a cumulative review of all the concepts from earlier chapters. You can check your understanding each step of the way. More like classroom experiences, these Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick.
Author : Ronald K. L. Collins
Publisher : Oxford University Press
ISBN 13 : 0190490144
Total Pages : 297 pages
Book Rating : 4.1/5 (94 download)
Download or read book The Judge written by Ronald K. L. Collins and published by Oxford University Press. This book was released on 2017 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Employing the great Florentine theorist as its guide, 'The Judge' describes what judges often do, not what they ought to do."--Book jacket.
