... an aggrievedindividual to sue for "actual damages," 5 U. S. C. §552a(g)(4)(A), ifthe Government int..., under which plaintiffs can recover "general damages" if they first prove "special damages." D... But thisgeneral (and notably circular) definition is of little valuehere because, as the Court of Ap...
Disclosures. II. Introduction And Definition Of The Issue. III. In The Supreme Court. IV. In The Lower Federal Courts Under General Maritime Law. V. Under State Law. VI. Under The Restatements. VII. : The Future In Maritime Law. A. The Policy. B. Arguments for a Special Rule in Maritime Law. C. Arguments for Vicarious Liability. D. Predictions. VIII. : The Future In General Law.
... Molzof's since-deceased husband damages under the Federal Tort Claims Act (FTCA or Act) fo... that the extent of FTCA liability is generally determined by reference to state law, under which ... in § 2674, a federal statute, is by definition a federal question. Cf. Reconstruction Finance Cor...
Over the past two to three decades economics has played an increasingly important role in the development of U.S. antitrust enforcement and policy. This essay first reviews the major facets of U.S. antitrust enforcement and next reviews the ways in which economics - starting from a low base - has grown in importance in antitrust. The essay then highlights three antitrust areas in which the influence of economics has had the greatest influence: merger analysis, vertical relationships, and predatory pricing. The essay concludes with the identification of four antitrust areas where further economics analysis could have high returns.
... suits by the DOJ or FTC), with any proven damages being automatically trebled. Second are efforts to... sympathetic to vertical restraints, and generally more supportive of market outcomes. The economics ...With one exception, the market definition paradigm focuses on sellers (since it is sellers w...
... sought compensatory and punitive damages under 42 U.S.C. 1983. Without objection, the court... are currently in a state of evolving definition and uncertainty, and the very novelty of the legal... enacted what is now 1983, it was generally understood that a municipality was to be treated a...
At oral arguments on Tuesday, the justices of the U.S. Supreme Court tried to determine whether emotional distress constitutes "actual damages" under the federal Privacy Act - a decision that will determine whether a pilot can sue government agencies for disclosing his HIV status. The case of FAA v. Cooper involves Stanmore Cawthon Cooper, a pilot who had been licensed by the Federal Aviation Administration since 1964. In 1985 Cooper was diagnosed with HIV.
...Feigin, assistant to the solicitor general, argued that the federal government only intended ... if there's one thing we know about the definition of 'actual damages' in the Act, it's that it doesn...
This article brings consistency and rationality to the award of damages in securities broker "raiding" cases. Part I of this article discusses a working definition of "raiding." This part discusses the current legal thought on this issue, including areas of general agreement and disagreement as to what constitutes a raid. Part II presents a theoretical framework for calculating damages in a raiding case that is consistent with fundamental principles of economics and finance, yet specific to the legal claims that arise in the context of a raiding claim. Part III recommends a method for estimating the amount of lost profits damages suffered by a Claimant broker or dealer as a result of a competitor firm's raid. Part IV discusses how to convert future lost profits to current dollars using ...
... courts, in which "plaintiffs are generally seeking awards of unspecified economic, compensato... not lend itself to a simple or exact definition." First, a quasi-sovereign interest can be in the ...
...: ERISA does not authorize suits for money damages against nonfiduciaries who knowingly participate i...With him on the brief were Solicitor General Starr, Deputy Solicitor General Mahoney, Allen H. ... who fall within ERISA's artificial definition of "fiduciary.". 256. resembles an action at law f...
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