The Enforcement of Punitive Damages Awards Between United States and Europe: An Introduction for U.S. Practitioners

2018 ◽  
Author(s):  
Maria Veronica Saladino
Keyword(s):  
United States ◽  
Punitive Damages

Remedies

2020 ◽  
pp. 562-574
Author(s):  
Samuel L. Bray
Keyword(s):  
United States ◽  
The United States ◽  
Punitive Damages ◽  
Private Law ◽  
Judicial Process ◽  
Specific Performance ◽  
The Law ◽  
Substantive Law

This chapter describes the law of remedies, which has an independent and relatively coherent existence. It is available to be cross-referenced by the substantive law. This characteristic of remedies as a relatively cohesive body of law, which can be accessed by other bodies of law, is not unusual but is rather an aspect of law’s systematicity. The chapter then outlines the remedies available in private law in the United States. It looks at several themes that are developed in the New Private Law, including the systematicity of law, the distinctiveness of private law, the use of internal and external perspectives on the law, the centrality of the judicial process in the award of a remedy, and the continuing significance of the law of equity. The chapter also considers the competing rationales offered for private law remedies, emphasizing as primary that the defendant is restoring the plaintiff to the plaintiff’s rightful position. It also sketches how contract and tort achieve that goal, primarily through the development of measures and limiting principles. Moreover, the chapter introduces the panoply of remedies offered by equity, such as the injunction, specific performance, equitable rescission, accounting, and constructive trust. Finally, it introduces anomalies: statutory damages, punitive damages, and declaratory judgments.

scholarly journals U.S. Supreme Court Rules that Victims of State-Sponsored Terrorism Can Sue Foreign States for Retroactive Punitive Damages Under the Foreign Sovereign Immunities Act

2020 ◽  
Vol 114 (4) ◽  
pp. 761-765
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Punitive Damages ◽  
The Supreme Court

In Opati v. Republic of Sudan, the Supreme Court upheld a $4.3 billion award of punitive damages against Sudan for its support of the 1998 bombings of U.S. embassies in Kenya and Tanzania. The Supreme Court held that Congress's 2008 amendments to the Foreign Sovereign Immunities Act (FSIA) authorized the plaintiffs to recover punitive damages from state sponsors of terrorism for acts committed prior to the enactment of these amendments. This case is part of a broader trend of U.S. litigation brought against states who are designated sponsors of terrorism or alternatively are deemed responsible for acts of terrorism within the United States.

scholarly journals Punitive Damages Awards in International Arbitration: Franchising Case

2021 ◽  
Vol 14 (11) ◽  
pp. 1613-1625
Author(s):  
Thi Thuy Dung Tran ◽  
Keyword(s):  
United States ◽  
Public Policy ◽  
Significant Influence ◽  
The United States ◽  
Practical Significance ◽  
Punitive Damages ◽  
Arbitral Tribunal ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

This article is written to evaluate the practical significance of punitive damages in the field of arbitration concerning international commercial disputes and franchise disputes. It finds that punitive damages awards are frequent in domestic arbitrations in the United States but not internationally common. This article discusses the severity of the punitive damages awards to explain why such decisions are not frequent in international trade disputes; it still has a significant influence that concerns the contracting parties, making them exclude punitive damages in their agreements. This article also explains the reasons for limiting the use of these punitive damages. The first one is the limitation of punitive damages applied to arbitration. Indeed, punitive damages are only recognised under a handful of domestic arbitration laws in a number of countries, especially the ones associated with contract claims. Secondly, the enforceability of such awards is internationally limited due to public policy. Therefore, this difficulty caused the arbitral tribunal to refuse to award such damages. Finally, the statistics on punitive damages award in international commercial arbitration are scarce, so the article refers to provide and analyse the cases that are not international-thereby discussing and evaluating the suitability of punitive damages in the context of international commercial arbitration

Application of a Simple Cold Stub to the Direct Observation of Frozen Hydrated Sand

1973 ◽  
Vol 31 ◽  
pp. 212-213
Author(s):  
John M. Wehrung ◽  
Richard J. Harniman
Keyword(s):  
United States ◽  
Surface Water ◽  
Direct Observation ◽  
Controlled Study ◽  
Clay Particles ◽  
Organic Debris ◽  
Rock Formations ◽  
Water Tables ◽  
Permeable Rock ◽  
Natural Means

Water tables in aquifer regions of the southwest United States are dropping off at a rate which is greater than can be replaced by natural means. It is estimated that by 1985 wells will run dry in this region unless adequate artificial recharging can be accomplished. Recharging with surface water is limited by the plugging of permeable rock formations underground by clay particles and organic debris.A controlled study was initiated in which sand grains were used as the rock formation and water with known clay concentrations as the recharge media. The plugging mechanism was investigated by direct observation in the SEM of frozen hydrated sand samples from selected depths.

Correlative microscopy in distrubuted (client/server) computing environments: tools for catalyzing the rapid dissemination of information about the cell biology of the human prostate

1995 ◽  
Vol 53 ◽  
pp. 682-683
Author(s):  
A. Hakam ◽  
J.T. Gau ◽  
M.L. Grove ◽  
B.A. Evans ◽  
M. Shuman ◽  
...  
Keyword(s):  
United States ◽  
Cell Biology ◽  
Tissue Bank ◽  
The United States ◽  
Prostate Adenocarcinoma ◽  
Correlative Microscopy ◽  
Client Server ◽  
Critical Elements ◽  
Transplant Organ

Prostate adenocarcinoma is the most common malignant tumor of men in the United States and is the third leading cause of death in men. Despite attempts at early detection, there will be 244,000 new cases and 44,000 deaths from the disease in the United States in 1995. Therapeutic progress against this disease is hindered by an incomplete understanding of prostate epithelial cell biology, the availability of human tissues for in vitro experimentation, slow dissemination of information between prostate cancer research teams and the increasing pressure to “ stretch” research dollars at the same time staff reductions are occurring.To meet these challenges, we have used the correlative microscopy (CM) and client/server (C/S) computing to increase productivity while decreasing costs. Critical elements of our program are as follows:1) Establishing the Western Pennsylvania Genitourinary (GU) Tissue Bank which includes >100 prostates from patients with prostate adenocarcinoma as well as >20 normal prostates from transplant organ donors.

Identification of the pulmonary syndrome hantavirus by direct and colloidal gold immune Electron Microscopy

1994 ◽  
Vol 52 ◽  
pp. 274-275
Author(s):  
C. D. Humphrey ◽  
C.S. Goldsmith ◽  
L. Elliott ◽  
S.R. Zaki
Keyword(s):  
Electron Microscopy ◽  
United States ◽  
Monoclonal Antibody ◽  
Colloidal Gold ◽  
Phosphotungstic Acid ◽  
Uranyl Acetate ◽  
Hantavirus Pulmonary Syndrome ◽  
Deer Mice ◽  
Immune Electron Microscopy ◽  
Negative Stain

An outbreak of unexplained acute pulmonary syndrome with high fatality was recognized in the spring of 1993 in the southwestern United States. The cause of the illness was quickly identified serologically and genetically as a hantavirus and the disease was named hantavirus pulmonary syndrome (HPS). Recently, the virus was isolated from deer mice which had been trapped near the homes of HPS patients, and cultivated in Vero E6 cells. We identified the cultivated virus by negative-stain direct and colloidal gold immune electron microscopy (EM).Virus was extracted, clarified, and concentrated from unfixed and 0.25% glutaraldehyde fixed supernatant fluids of infected Vero E6 cells by a procedure described previously. Concentrated virus suspensions tested by direct EM were applied to glow-discharge treated formvar-carbon filmed grids, blotted, and stained with 0.5% uranyl acetate (UA) or with 2% phosphotungstic acid (PTA) pH 6.5. Virus suspensions for immune colloidal gold identification were adsorbed similarly to filmed grids but incubated for 1 hr on drops of 1:50 diluted monoclonal antibody to Prospect Hill virus nucleoprotein or with 1:50 diluted sera from HPS virus infected deer mice.

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