After a landmark decision on Native American jurisdiction in August, Oklahoma prosecutors have asked the 10th U.S. Circuit Court of Appeals to reconsider its ruling, this time asking the whole court to review the opinion of a three-judge panel.
When last we addressed the American Law Institute’s (ALI) proposed Restatement, Law of Liability Insurance, we reported that the organization decided at its May annual meeting to table final consideration of the document until 2018.
According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent.
This article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort.
House Democrat has introduced a bill in the House as a means to reduce the nation’s rate of mass incarceration.
Ninth Circuit Deems Amazon’s Conditions of Use Enforceable, Plaintiff’s Deceptive Pricing Claims ArbitrableMichael P. Daly and Ashley M. Super
The Ninth Circuit’s no-nonsense decision recognizes that, under basic principles of contract law, online consumer contracts may be enforced so long as notice is conspicuous and acceptance is unambiguous. It is an important win not only for but also retailers generally.