On September 9, 2008, the European Court of Justice dismissed the appeals by two Italian companies – FIAMM Spa and Giorgio Fedon & Figli Spa – seeking compensation for damages suffered as a consequence of the US increased custom duties authorised by the WTO Dispute Settlement Body (DSB) in...

An issue that must be resolved under any health insurance policy is the locus of decisions on treatment. There will be times when a patient may want some treatment that the insurance company (HMO) will not want to provide. There may be other situations when a decision must be made about the...

An issue that must be resolved under any health insurance policy is the locus of decisions on treatment. There will be times when a patient may want some treatment that the insurance company (HMO) will not want to provide. There may be other situations when a decision must be made about the...

Suppose you turn on your laptop while sitting at the kitchen table at home and respond OK to a prompt about accessing a nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing someone else's wireless access point? How about...

Businesses and sophisticated parties have long used “contract exchanges,” like the Chicago Board of Trade, to obtain a fair price and protect themselves from market volatility. These contract exchanges have greatly benefitted both their participants and the public at large, but participation...

This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...

Private firms often withhold information or contest scientific knowledge when public revelation could lead to costly regulations or liability. This concealment leads to negative externalities and public harm. But what if private firms' superior knowledge and self-interest could be harnessed to...

A potentially huge untapped resource of natural gas exists just offshore almost every coastal state in the world, the resource called methane hydrates. The opportunities for fiscal revenues, energy security, and freshwater resources will be attractive to many of those states; for many, the...

This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...

This note critically comments on the Court of Appeal's decision in OMV Petrom SA v Glencore International AG. By introducing a penal element to the enhanced interest rate pursuant to CPR Pt 36, the Court of Appeal has extended the justificatory reasons for those awards beyond compensation. This...