Congress enacted the Freedom of Information Act (FOIA) in 1966 to allow private citizens wide access to government information protected by federal agencies. In an effort to enable greater public access to government documents, Congress amended FOIA in 1974 to include a provision awarding attorneysâ...   MORE>>

“The value of money itself changes from a thousand causes; and at all events, what is of ruin to one man’s fortune, may be a matter of indifference to another’s.”

I. INTRODUCTION

In the late hours of March 23, 1989, the Exxon Valdez supertanker moved through the waters of Prince Willia...   MORE>>

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of light, it was the season of darkness, it was the spring of hope, it was the winter of despair, we have ev...   MORE>>

Courts strongly encourage the resolution of disputes by arbitration. Arbitration is a cost-effective, more efficient, and quicker alternative to traditional litigation. To advance these ends, judicial review of arbitration awards is severely limited. As one court noted, if “it were otherwise, the ...   MORE>>

This article examines the remedy of additional damages, which is one of the remedies (and types of damages) available for copyright infringement. Despite the fact that such a remedy has existed in copyright law for many years, it seems to have assumed greater importance in the last few years, judgin...   MORE>>

Section 46 of the Marriage Law of China provides that an innocent spouse shall have the right to apply for damages as compensation where divorce proceedings are brought under circumstances that involve (a) the commission of bigamy, (b) cohabitation of a married person with a third party, (c) domesti...   MORE>>

I. INTRODUCTION

In the realm of civil litigation, specifically with regards to collecting past medical expenses that have been paid or incurred, tort reform and healthcare changes have created considerable differences from state to state. The question that presents itself is as follows: Can the c...   MORE>>

I. INTRODUCTION

At least until State Farm Mutual Automobile Insurance Co. v. Campbell, insurance bad faith cases as a genre were among the most worrisome and explosive for insurers. Insurance companies have never been the most popular defendants, and good plaintiffs lawyers have successfully mani...   MORE>>

I. INTRODUCTION

The devil is in the details of commercial loss damages. Minimizing damages in a commercial loss case requires three core competencies, the last of which can be stated as a contingency:

(1) knowledge of the permissible measures of damages in the applicable jurisdiction;

(2) k...   MORE>>

I. INTRODUCTION

Bad faith claims take many forms. In most cases, they are based either on the insurer’s refusal to accept coverage or on missteps in the handling and defense of the claim, as where an excess verdict results after an insurer fails to settle for within policy limits. Increasingly,...   MORE>>