On April 19, 2021, the Supreme Court of Georgia issued its opinion on the case in response to the Eleventh Circuit’s certifications. In its discussion of the background principles of law, the court cites Comment a of § 27, Remedies for Breach of the Duty to Make Reasonable Settlement Decisions, of Restatement of the Law, Liability Insurance.
Jennifer Morinigo Posts
District of Maine Seeks Guidance on Duty to Defend from Restatement of Liability Insurance
by Jennifer Morinigo | Feb 23, 2021 | Liability Insurance
In its Decision and Order on Cross-Motions for Summary Judgment (2021 WL 681119), the District Court of Maine was presented with the issue of when a duty to defend terminates. The court looked to Section 18 of Restatement of the Law, Liability Insurance (Restatement) for guidance.
Project Spotlight: Restatement of the Law Third, Torts: Remedies
by Jennifer Morinigo | Jan 7, 2021 | Torts: Remedies
In the fall of 2020, the first draft of Restatement of the Law Third, Torts: Remedies was produced and the first project meeting was held. The post contains an excerpt from Comments of § 1 of Preliminary Draft No. 1 (Oct. 2020), titled “Introduction: The Right to a Remedy.”
Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC
by Jennifer Morinigo | Jan 4, 2021 | Torts: Remedies
From Season Two of Reasonably Speaking, this episode discusses the Supreme Court’s decision, both the Securities Act of 1933 and the Securities Exchange Act of 1934, and whether the Court’s reference to “equitable relief” includes the remedy of “disgorgement.”
Children and the Law: Protecting the Vulnerable in a Time of Crisis
by Jennifer Morinigo | Dec 23, 2020 | Children and the Law
In this episode of Reasonably Speaking, juvenile justice scholar and Chief Reporter of the Restatement of the Law, Children and the Law, Elizabeth Scott guides our Children and the Law-exclusive panel through a series of discussions centering on child advocacy and juvenile law during a pandemic.
Project Spotlight: Model Penal Code: Sexual Assault and Related Offenses
by Jennifer Morinigo | Oct 29, 2020 | Sexual Assault
This article summarizes certain portions of the 1962 Model Penal Code (1962 Code) that are integral to understanding Sections of MPC:SA, and provides a very brief overview of points raised in past project meetings that may provide readers the comprehensive scope of the status of the project.
Election 2020: When Are Results Official and What Happens if Results Are Disputed
by Jennifer Morinigo | Oct 8, 2020 | Children and the Law, Election Administration
On this episode of Reasonably Speaking panelists discuss the volatile climate surrounding the upcoming presidential election on Nov. 3, as well as what we can expect if the results are disputed.
What Is a Delayed Election Result?
by Jennifer Morinigo | Aug 21, 2020 | Election Administration
In an op-ed piece for The Washington Post Edward Foley of Ohio State University, Moritz College of Law and Joanne Lipman, former editor in chief of USA Today, rebuff the claim that there is a “delay” if presidential election results are not declared on election night.
Liability to Bystander for Intentional Tort or for Negligence
by Jennifer Morinigo | Jul 16, 2020 | Torts: Intentional Torts to Persons
The following entry contains the Black Letter of §§ 26 and 44 of Tentative Draft No. 5, Chapter 3. Privileges, from Restatement of the Law Third, Torts: Intentional Torts to Persons.
The Plague of Excessive Force – Working Together to Find a Cure
by Jennifer Morinigo | Jul 1, 2020 | Policing
This podcast episode of Reasonably Speaking’s “Coping with COVID” shifts attention from one pandemic to another, the plague of excessive force by police officers.