The Known Loss Doctrine and Liability Insurance
David M. Atkinson and Eleanor G. JolleyInsurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not intend to provide coverage for a loss that has already occurred, is in progress, or is substantially certain to occur. Yet, situations will arise where policyholders attempt to obtain insurance coverage for a loss that has already occurred.
Tribal Entities and Sovereign Immunity
Kaighn Smith, Jr.Reporter Kaighn Smith Jr. discusses the complex topic of Tribal Entities and Sovereign Immunity in the video below.
Minnesota School District Settles Free Speech Lawsuit
Taylor CarrollThe Star Tribune recently reported that the Edina school board has settled a lawsuit filed against the school district by five high school students and their parents. The suit alleged the school district violated the students’ First Amendment rights by refusing to sponsor and later disbanding their Young Conservatives Club.
Sick and Aging Prisoners: A Look Into Compassionate Release
Pauline ToboulidisThe New York Times examines the federal compassionate release program, a program designed to permit the release of sick, dying and elderly prisoners who are the least likely to re-offend and the most expensive to house.
Ethics Agency Finds Hatch Act Violation
Taylor CarrollThe Office of Special Counsel found that President Trump’s campaign manager Kellyanne Conway violated the Hatch Act, which bars federal employees from using their office for partisan politics, after she advocated for Republican Roy Moore in Alabama’s recent Senate election during live television interviews broadcast from the White House lawn.
Tribal Soveringty
Wenona T. Singel and Matthew L.M. FletcherReporters Matthew Fletcher and Wenona Singel discuss Tribal Sovereignty.