According to the Oxford University Press website, The Transfer of Property in the Conflict of Laws is intended for commercial practitioners, particularly those with a cross-border practice, academics and scholars of the conflict of laws, postgraduate/advanced students of the subject, and legal refer...   MORE>>

International Sale of Goods in the Conflict of Laws is both the thickest and the most expensive addition to the ever growing Oxford Private International Law Series, weighing in at more than 1500 pages inclusive of contents and tables. Although the Series is intended for both scholarly and practitio...   MORE>>

I. INTRODUCTION

In 1975 Congress passed the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (“the Magnuson-Moss Act” or “the Act”) to protect consumers from retailers and manufacturers that take advantage of consumers by placing misleading warranties on the products they s...   MORE>>

INTRODUCTION

Employee welfare benefit plans, providing health and often disability benefits for employees, are generally funded by employers, Otherwise, employee welfare benefit plans are funded by the purchase of insurance policies. This paper will discuss employee welfare benefit plans that are...   MORE>>

Imagine an elderly woman driving down a freeway in a big city when, suddenly, her car dies. She does not know what is wrong, but luckily, while the car is still moving she is able to coast it over to the narrow emergency lane. The woman is stuck on the freeway with no way to get herself or her car t...   MORE>>

I. Introduction:

Texas’ attempt to hold managed health care organizations (“MCOs”) liable for negligent decisions regarding treatment of patients covered under employee benefit plans, and allow recovery of compensatory or punitive damages, was finally thwarted by the Supreme Court in Aetna ...   MORE>>

Justice Louis Brandeis’ state-government “laborator[ies]” are hard at work. During the 2007 and 2008 legislative sessions, fifty-two medical marijuana related bills were proposed on twenty-seven different state legislature floors. Michigan, through a November 2008 ballot initiative, became the...   MORE>>

Over forty-five million Americans smoke cigarettes. In the 1950’s, cigarette manufacturers introduced filtered cigarettes and began what they called the “Tar Derby” in response to smoking-related health concerns. Cigarette manufacturers sought to encourage health conscious smokers to use these...   MORE>>

I. INTRODUCTION & SCOPE

Many traditional consumer purchases involve goods, often second-hand goods, bought on an “as is” basis. Some of these purchases do not involve large amounts of money, and, with little at stake, it can be extremely difficult for consumers to obtain judicial relief for d...   MORE>>

Federal common law governs claims arising out of employee benefit plans covered by the Employee Retirement Income Security Act of 1974 (ERISA).[1] The Court of Appeals for the First Circuit created an approach for interpreting the ambiguous word “accident” in ERISA-governed plans in Wickman v. N...   MORE>>