Supersedeas bonds: a crushing burden; as punitives escalate, defendants seeking appeal may be hobbled by court bonding requirements
Article Abstract:
Courts are increasingly willing to be flexible regarding the often huge bonds that corporate defendants must post during appeals. Damage awards recently have swelled, especially the punitive element. A test offered by the 7th Circuit suggests several ways to argue for a limited bond, and a strong claim can be made that, as punitive awards are not the defendant's by right but are rather a windfall, such awards do not deserve special protection greater than that of other general creditors.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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World is getting SLAPP-happy
Article Abstract:
A study sponsored by the National Science Foundation has found that strategic lawsuits against public participation (SLAPPs) are routinely filed. Such suits are usually dismissed, but some succeed in silencing defendants and preventing others who might have taken some action against the government. In the US, real estate employees file the largest number of SLAPPs, while government employees file the second-largest number. The Internet shows SLAPPs to be used internationally.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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