In reinsurance arbitrations should the panel be impartial, independent and neutral or, except for the umpire, should the other panelists be party-appointed advocates? Reinsurance arbitrations are customarily the final frontier in the resolution of the proliferating number of disputes between cedents and reinsurers; however, in recent years the courts have become increasingly more involved. There now exists in America a considerable body of case law regarding reinsurance. It is submitted that a reinsurance arbitration using party-appointed, non-neutral arbitrator/advocates, that allows ex parte communications, and, in the absence of a concern for the preservation of trade secrets, is unwilling to issue a reasoned decision will not result in a fair hearing. The international rule favoring...
The U.S. Office of Personnel Management (OPM) is issuing a final regulation amending the Federal Employees Health Benefits (FEHB) regulations and also the Federal Employees Health Benefits Acquisition Regulation (FEHBAR). This final regulation makes minor changes to an interim final regulation on the same subject published June 29, 2011. The rule replaces the procedure by which premiums for community rated FEHB carriers are compared with the rates charged to a carrier's similarly sized subscriber groups (SSSGs). The new procedure utilizes a medical loss ratio (MLR) threshold, analogous to that defined in both the Affordable Care Act (ACA), and in Department of Health and Human Services (HHS) regulations and replaces the outdated SSSG methodology with a more modern and transparent calcul...
... that the FEHB Program is receiving a fair rate. This will result in a more streamlined proce...
... individuals' claims to distributive fairness. Individuals worldwide are entitled to a fair shar... The existence of internationally recognized rules and norms that are the product of human design and...
... the statutory affirmative defense of fair use, §1115(b)(4). Finding that Lasting conceded t...Reversing, the Ninth Circuit ruled that the District Court erred in addressing the fa...
ADMIRALTYDamage Award for Yacht Owner Upheld When the captain of a U.S. Army Corps of Engineers vessel fell asleep at the wheel and struck plaintiff's 70-foot yacht, the Marquessa, docked at the pier at Ocean Marine marina in Portsmouth, the yacht was a constructive total loss based on two of three opinions in this battle of the experts, and the 4th Circuit affirms a $440,000 damage award for the fair market value of the ship at the time of loss. Damages determinations in admiralty are governed by the doctrine of constructive total loss. Under that doctrine, where the costs of repairing a vessel exceeded her pre-casualty fair market value, damages are limited to fair market value. Three experts testified regarding the Marquessa's fair market value, relative to her cost of repair. Two of...
... that admission of the jacket satisfied the Rule 901(a) threshold. A more substantial question is p...
Economic analysis has long suggested that there are two distinct categories of cases in which the fair use defense, which permits the unauthorized reproduction and other use of copyrighted materials, should apply. First, fair use should apply when the transaction costs of negotiating with the copyright owner for permission to use exceed the private value of the use to the would-be user. Second, fair use should apply when the individual use is thought to generate some positive externality-such that the net social value of the use exceeds the value to the copyright owner of preventing the use-which in turn may exceed the value of the use to the individual user. Considerable anecdotal evidence, however, suggests that would-be users are often deterred from engaging in conduct that likely wo...
... misapplication of the governing legal rules and standards, much of it has begun to focus on st...
The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a non-aeronautical land- use change for approximately 829 acres of airport property at Blythe Airport, Blythe, California, from the aeronautical use provisions of the Quitclaim Deed and Grant Agreement Assurances since the land is not needed for aeronautical purposes. The property will be leased for its fair market value and the rental proceeds deposited in the airport account for airport use. The reuse of the land for a solar farm represents a compatible land use that will not interfere with the airport or its operation, thereby protecting the interests of civil aviation and contributing to the self-sustainability of the airport.
... defendants' depictions of the logo were a fair use and entered judgment against Bouchat. We rever... use continues to be applied as "an equitable rule of reason, for which no generally applicable defin...
When issued, FASB Statement of Financial Accounting Standards (SFAS) 157, Fair Value Measurements, sought to bring a consistent definition and framework to the deployment of fair value measurements in accounting. It is expected that the fair value frontier will continue to push outward and eventually encompass more than just financial assets and liabilities. Revisiting the previous definition, it seems clear enough that the land must be accounting-valued based upon its agricultural usage. Agriculture is the only legally permissible use. Transaction costs are the incremental direct costs required to transact in the principal or most advantageous market. As a general rule, such costs do not reduce the fair value of an asset. They ordinarily relate to commissions, legal fees, and other clo...
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