An Escape for the Escape Clause Veto? Mira Davidovski
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Arbitration - Sure, but Only on Our Terms: Escape Clauses in Uninsured Motorist Policies - Schaefer V
Journal of Dispute Resolution Volume 1993 Issue 1 Article 9 1993 Arbitration - Sure, but Only on Our Terms: Escape Clauses in Uninsured Motorist Policies - Schaefer v. Allstate Ins. Co. Steven R. Leppard Follow this and additional works at: https://scholarship.law.missouri.edu/jdr Part of the Dispute Resolution and Arbitration Commons Recommended Citation Steven R. Leppard, Arbitration - Sure, but Only on Our Terms: Escape Clauses in Uninsured Motorist Policies - Schaefer v. Allstate Ins. Co., 1993 J. Disp. Resol. (1993) Available at: https://scholarship.law.missouri.edu/jdr/vol1993/iss1/9 This Note is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Journal of Dispute Resolution by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Leppard: Leppard: Arbitration - Sure, but Only on Our Terms: NOTES ARBITRATION? SURE, BUT ONLY ON OUR TERMS: ESCAPE CLAUSES IN UNINSURED MOTORIST POLICIES Schaefer v. Allstate Ins. Co.' I. INTRODUCTION Historically, the insurance industry has widely used arbitration to resolve disputes.2 Insurance companies have increasingly included "escape clauses" in their policies.' These clauses allow an insurance company to ignore an arbitrator's award and have a claim directly heard in a trial court if the award exceeds a pre-determined amount.' The Ohio Supreme Court in Schaefer v. Allstate Insurance Co. addressed this issue and decided that the escape clause was unenforceable due to public policy.' II. FACTS AND HOLDING On November 8, 1985, an automobile occupied by David and Jeanette Schaefer was involved in an accident with a car negligently driven by an uninsured motorist.' At the time of the accident, the Schaefers had an insurance policy with appellant Allstate Insurance Company that provided uninsured motorist coverage with limits at $100,000 per person and $300,000 per 7 occurrence. -
Breakfast Seminar Series: Is Your Employment Contract Enforceable? What Would a Judge Say?
Breakfast Seminar Series: Is Your Employment Contract Enforceable? What would a judge say? Jock Climie Kecia Podetz www.ehlaw.ca May 11, 2016 Overview ▫ The basics ▫ Key provisions in every contract ▫ Proper consideration ▫ Fixed term contract pitfalls ▫ Enforceable termination clauses ▫ Restrictive covenants 2 www.ehlaw.ca 1 The Basics 3 Forming the Contract ▫ Every employment relationship is governed by an employment contract ▫ How is an employment contract formed? ▫ Offer ▫ Acceptance ▫ Consideration ▫ Opportunity for independent legal advice 4 www.ehlaw.ca 2 Timing and Clarity ▫ A contract must be presented before employment commences ▫ All terms should be clear and unequivocal ▫ Ambiguities interpreted against the interest of the party who drafted the contract ▫ Interpretation most favorable to the employee will be used 5 Key Provisions –The Obvious Stuff ▫ Duration and form of the employment relationship ▫ Start date ▫ Probationary period ▫ Hours of work ▫ Compensation practices ▫ Salary ▫ Benefits ▫ Vacation 6 www.ehlaw.ca 3 Key Provisions –Employer Protect Thyself ▫ Protection of interests ▫ Confidentiality ▫ Non‐solicitation ▫ Non‐competition ▫ Termination ▫ Notice of termination/severance pay and benefits liability ▫ Resignation ▫ Successor employer/sale of business 7 Consideration 8 www.ehlaw.ca 4 What is Proper Consideration? ▫ Each party receives something of value, and each party gives something up in return ▫ Can come in many forms –value is widely defined ▫ Fact‐specific –no clear rule for appropriate consideration ▫ Who is the employee ▫ What is the position ▫ What are the circumstances ▫ What is a “fair exchange” 9 What Would a Judge Say? ▫ An employee signs a letter of offer which is silent on termination entitlements ▫ The letter indicates that an employment agreement will be forthcoming ▫ 9 months later, the employee signs the employment agreement contemplated by the letter of offer ▫ Termination clause = ESA only ▫ On termination, the employer provides only ESA notice 10 www.ehlaw.ca 5 Case Study – Holland v. -
The Escape Clause Under the Succession Regulation and Other International Issues
The escape clause under the Succession Regulation and other international issues Maria Grazia Antoci Lawyer in Florence, Italy UNIT 1 Summary and the notion of habitual residence - Part I Succession Regulation (SR): questions to be addressed What is an escape clause? Is there any autonomous field of application of such clause under the Succession Regulation? Summary Definition of habitual residence under the SR Scope of Escape Clause under the SR Scope of Escape clause under other instruments Comparison Conclusions Habitual residence (SR) To better understand the scope of escape clause we need to: recall the notion of habitual residence; compare the field of application of the habitual residence with the scope of the “escape clause”. Article 21.1 introduces the connecting factor of the Habitual Residence as general rule. “Unless otherwise provided for in this Regulation, the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death.” Habitual residence (SR) The provision of an uniform connecting factor in the Succession Regulation is a significant development in the process of harmonisation at European level. The adoption of a connecting factor which was close to the centre of interests of the deceased, thus satisfying the need for proximity, does facilitate the mobility of persons within the European area. The aim was to choose a criterion that was as free as possible from the substantive law of each State (unlike “domicile”) and that had an international origin. Habitual residence (SR) It responds to the need for integration and non-discrimination between individuals established in a Member State, whatever their nationality is. -
Squeezing Subjectivity from the Doctrine of Unconscionability
Cleveland State Law Review Volume 53 Issue 2 Article 3 2005 Squeezing Subjectivity from the Doctrine of Unconscionability Paul Bennett Marrow Banks, Shapiro, Gettinger and Walldinger Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Contracts Commons, Courts Commons, and the Family Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Paul Bennett Marrow, Squeezing Subjectivity from the Doctrine of Unconscionability, 53 Clev. St. L. Rev. 187 (2005-2006) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. SQUEEZING SUBJECTIVITY FROM THE DOCTRINE OF UNCONSCIONABILITY PAUL BENNETT MARROW1 I. INTRODUCTION .................................................................... 187 II. RETHINKING THE ROLE OF UNCONSCIONABILITY IN THE COMMERCIAL ARENA .......................................................... 194 A. The Basic Premise ....................................................... 194 B. Reported Cases Where the Court has Legislated on an Ad Hoc Basis...................................................... 199 III. RETHINKING THE ROLE OF UNCONSCIONABILITY IN THE FAMILY LAW ARENA ........................................................... 206 A. Role of Regulatory Schemes in Defining Unconscionability....................................................... -
(Not So) Indefensible Seth Barrett It Llman
Cornell Journal of Law and Public Policy Volume 16 Article 4 Issue 2 Spring 2007 Defending the (Not So) Indefensible Seth Barrett iT llman Follow this and additional works at: http://scholarship.law.cornell.edu/cjlpp Part of the Law Commons Recommended Citation Tillman, Seth Barrett (2007) "Defending the (Not So) Indefensible," Cornell Journal of Law and Public Policy: Vol. 16: Iss. 2, Article 4. Available at: http://scholarship.law.cornell.edu/cjlpp/vol16/iss2/4 This Comment is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Journal of Law and Public Policy by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Reply DEFENDING THE (NOT SO) INDEFENSIBLE Seth Barrett Tillman * INTRODUCTION I should like to thank the editors of the Cornell Journal of Law and Public Policy for making this colloquy possible. Additionally, I thank Professor Aaron-Andrew P. Bruhl for writing a well-informed, extensive, and thoughtful response.1 I find myself sympathetic to many of the points Professor Bruhl makes, but not to all. It is difficult to respond as precisely as one might like to Professor Bruhl's piece because his paper presents a moving target. It purports to defend the "conventional as- sumptions' 2 with regard to the process of statutory lawmaking. But it does not do so exactly. Indeed, it cannot do so because there are, in fact, two distinct sets of conventional views about the statutory lawmaking process. -
Drafting and Enforcing Termination Clauses in Commercial Contracts
Presenting a live 90-minute webinar with interactive Q&A Drafting and Enforcing Termination Clauses in Commercial Contracts Maximizing Recovery or Minimizing Loss When Contracts End Due to Breach, Insolvency, Milestone Failure, Expiration or Other Reason TUESDAY, APRIL 26, 2016 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Rebekah R. Conroy, Partner, Brown Moskowitz & Kallen, Summit, N.J. Timothy Murray, Partner, Murray Hogue & Lannis, Pittsburgh The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10. Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-961-8499 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail [email protected] immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again. Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. -
Force Majeure and Common Law Defenses | a National Survey | Shook, Hardy & Bacon
2020 — Force Majeure SHOOK SHB.COM and Common Law Defenses A National Survey APRIL 2020 — Force Majeure and Common Law Defenses A National Survey Contractual force majeure provisions allocate risk of nonperformance due to events beyond the parties’ control. The occurrence of a force majeure event is akin to an affirmative defense to one’s obligations. This survey identifies issues to consider in light of controlling state law. Then we summarize the relevant law of the 50 states and the District of Columbia. 2020 — Shook Force Majeure Amy Cho Thomas J. Partner Dammrich, II 312.704.7744 Partner Task Force [email protected] 312.704.7721 [email protected] Bill Martucci Lynn Murray Dave Schoenfeld Tom Sullivan Norma Bennett Partner Partner Partner Partner Of Counsel 202.639.5640 312.704.7766 312.704.7723 215.575.3130 713.546.5649 [email protected] [email protected] [email protected] [email protected] [email protected] SHOOK SHB.COM Melissa Sonali Jeanne Janchar Kali Backer Erin Bolden Nott Davis Gunawardhana Of Counsel Associate Associate Of Counsel Of Counsel 816.559.2170 303.285.5303 312.704.7716 617.531.1673 202.639.5643 [email protected] [email protected] [email protected] [email protected] [email protected] John Constance Bria Davis Erika Dirk Emily Pedersen Lischen Reeves Associate Associate Associate Associate Associate 816.559.2017 816.559.0397 312.704.7768 816.559.2662 816.559.2056 [email protected] [email protected] [email protected] [email protected] [email protected] Katelyn Romeo Jon Studer Ever Tápia Matt Williams Associate Associate Vergara Associate 215.575.3114 312.704.7736 Associate 415.544.1932 [email protected] [email protected] 816.559.2946 [email protected] [email protected] ATLANTA | BOSTON | CHICAGO | DENVER | HOUSTON | KANSAS CITY | LONDON | LOS ANGELES MIAMI | ORANGE COUNTY | PHILADELPHIA | SAN FRANCISCO | SEATTLE | TAMPA | WASHINGTON, D.C. -
In the Supreme Court of the United States
No. 18-1514 In the Supreme Court of the United States UNITED STATES OF AMERICA, PETITIONER v. AURELIUS INVESTMENT, LLC, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT PETITION FOR A WRIT OF CERTIORARI NOEL J. FRANCISCO Solicitor General Counsel of Record JOSEPH H. HUNT Assistant Attorney General JEFFREY B. WALL Deputy Solicitor General ALLON KEDEM Assistant to the Solicitor General MARK R. FREEMAN MICHAEL S. RAAB MICHAEL SHIH LAURA E. MYRON Attorneys Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTION PRESENTED In 2016, Congress enacted the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), 48 U.S.C. 2101 et seq. (Supp. V 2017), to address the eco- nomic emergency facing the Commonwealth of Puerto Rico. The Act established a Financial Oversight and Management Board as an entity “within the territorial government” of Puerto Rico. 48 U.S.C. 2121(c)(1) (Supp. V 2017). The question presented is whether members of the Board are “Officers of the United States” within the meaning of the Appointments Clause of the U.S. Con- stitution, Art. II, § 2, Cl. 2. (I) PARTIES TO THE PROCEEDING Petitioner, the United States of America, was an ap- pellee in the court of appeals. Also appellees in the court of appeals were the fol- lowing respondents: the Financial Oversight and Man- agement Board for Puerto Rico; the Commonwealth of Puerto Rico, the American Federation of State County and Municipal Employees; the Official Committee of Retired Employees of the Commonwealth of Puerto Rico; the Official Committee of Unsecured Creditors; Puerto Rico Electric Power Authority (PREPA); the Puerto Rico Fiscal Agency and Financial Advisory Au- thority; Andrew G. -
Supreme Court of the United States
i No. 15-543 In the Supreme Court of the United States MATT SISSEL, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SER- VICES, et al., Respondents. On Petition for Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit BRIEF OF AMICUS CURIAE CENTER FOR CONSTITUTIONAL JURISPRUDENCE IN SUPPORT OF PETITIONER JOHN C. EASTMAN ANTHONY T. CASO Counsel of Record Center for Constitutional Jurisprudence c/o Chapman University Fowler School of Law One University Drive Orange, CA 92866 Telephone: (714) 628-2666 E-Mail: [email protected] Counsel for Amicus Curiae Center for Constitutional Jurisprudence i QUESTION PRESENTED The Congressional Budget Office estimated that the Senate-crafted Patient Protection and Affordable Care Act would raise more than $220 billion in new federal tax revenue over a ten-year period. Is such a measure a “bill for raising revenue” that must origi- nate in the House of Representatives pursuant to Ar- ticle I, Section 7? ii TABLE OF CONTENTS QUESTION PRESENTED .......................................... i TABLE OF AUTHORITIES ...................................... iii IDENTITY AND INTEREST OF AMICUS CURIAE ............................................... 1 SUMMARY OF ARGUMENT ..................................... 2 REASONS FOR GRANTING REVIEW ..................... 3 I. The Design of Government in the Constitution Includes Structural Limitations on the Exercise of Power in Order to Protect Individual Liberty and Self-Government. .......................................... 3 II. The Origination Clause Is a Critical Component of Structural Limitation on Congress’s Power. ...................................................... 6 CONCLUSION .......................................................... 10 iii TABLE OF AUTHORITIES Cases Bond v. United States, 131 S.Ct. 2355 (2011) .................................................... 1 Bowsher v. Synar, 478 U.S. 714 (1986) .................................................... 6, 9 Clinton v. City of New York, 524 U.S. -
Acts of Congress Held Unconstitutional in Whole Or in Part by the Supreme Court of the United States
ACTS OF CONGRESS HELD UNCONSTITUTIONAL IN WHOLE OR IN PART BY THE SUPREME COURT OF THE UNITED STATES 2117 VerDate Aug<04>2004 12:53 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00001 Fmt 8221 Sfmt 8221 C:\CONAN\CON063.SGM PRFM99 PsN: CON063 VerDate Aug<04>2004 12:53 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00002 Fmt 8221 Sfmt 8221 C:\CONAN\CON063.SGM PRFM99 PsN: CON063 ACTS OF CONGRESS HELD UNCONSTITUTIONAL IN WHOLE OR IN PART BY THE SUPREME COURT OF THE UNITED STATES 1. Act of Sept. 24, 1789 (1 Stat. 81, § 13, in part). Provision that ‘‘. [the Supreme Court] shall have power to issue . writs of mandamus, in cases warranted by the principles and usages of law, to any . persons holding office, under authority of the United States’’ as applied to the issue of mandamus to the Sec- retary of State requiring him to deliver to plaintiff a commission (duly signed by the President) as justice of the peace in the District of Co- lumbia held an attempt to enlarge the original jurisdiction of the Su- preme Court, fixed by Article III, § 2. Marbury v. Madison, 5 U.S. (1 Cr.) 137 (1803). 2. Act of Feb. 20, 1812 (2 Stat. 677). Provisions establishing board of revision to annul titles conferred many years previously by governors of the Northwest Territory were held violative of the due process clause of the Fifth Amendment. Reichart v. Felps, 73 U.S. (6 Wall.) 160 (1868). 3. Act of Mar. 6, 1820 (3 Stat. 548, § 8, proviso). -
Bill Analysis
HOUSE OF REPRESENTATIVES FINAL BILL ANALYSIS BILL #: HM 381 FINAL HOUSE FLOOR ACTION: SPONSOR(S): Hays Voice Vote Y’s --- N’s COMPANION SM 476 GOVERNOR’S ACTION: N/A BILLS: SUMMARY ANALYSIS HM 381 passed the House on April 21, 2014, as SM 476. The memorial serves as an application to Congress, pursuant to Article V of the Constitution of the United States, to call an Article V Convention of the states for the limited purpose of proposing three specific constitutional amendments. These include imposing fiscal restraints on the federal government, limiting the power and jurisdiction of the federal government, and limiting terms office for federal officials and members of Congress. The memorial does not have a fiscal impact. The memorial is not subject to the Governor’s veto power. This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0281z1.LFAC DATE: May 12, 2014 I. SUBSTANTIVE INFORMATION A. EFFECT OF CHANGES: Introduction: Methods of Amending the U.S. Constitution Article V of the Constitution authorizes two methods for amending the Constitution: by Congress or by a constitutional convention. Congressional Amendments A constitutional amendment may be proposed by a two-thirds majority of both chambers in the form of a joint resolution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. -
The Line Item Veto Case and the Separation of Powers
The Line Item Veto Case and the Separation of Powers Matthew Thomas Klinet In Clinton v. City of New York, the Supreme Court struck down the Line Item Veto Act because it upset the finely wrought law-making process provided for in the Constitution's Presentment Clause. This Comment argues that the Court reached the right result in Clinton, but for the wrong reason. The Act gave the President the power to cancel certain budgetary items, thus vesting more law-execution power in the executive. Properly understood, the Act did not expand or alter the President's limited law- making veto power, as it is defined in the Presentment Clause. This Comment argues that the Act's reshuffling of power did, however, violate the separation-of-powersprinciple-one of the core political tenets upon which our government of limited powers rests. This Comment further con- tends that the Court should not have relied upon even an expansive inter- pretation of the Presentment Clause to strike down the Act, because as case law and history teach, the clause is directedat curbing the expansion of Congress'spower, not that of the President.Rather, the Court should have examined in their full light the fundamental separation-of-powers issues at play. After determining whether the shift in power presented the several indicia of a separation-of-powersviolation, the Court should have struck down the Line Item Veto Act on explicit separation-of-powers grounds, thus vindicating the long-term liberty interest that the principle centrally serves to safeguard. INTRODUCTION Dissents often help create a Supreme Court Justice's reputation.