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District of Maine Seeks Guidance on Duty to Defend from Restatement of Liability Insurance

Jennifer Morinigo | February 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...

Project Spotlight: Restatement of the Law Third, Torts: Remedies

Richard L. Hasen, Douglas Laycock and Jennifer Morinigo | January 7, 2021 | Restatement of the Law Third, 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. This project was launched along with two other Torts projects, Defamation and Privacy and Concluding Provisions, which once...

Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC

Andrew Kull, Douglas Laycock, Caprice L. Roberts and Jennifer Morinigo | January 4, 2021 | Restatement of the Law Third, Torts: Remedies

In Liu v. SEC (June 22, 2020), the Supreme Court of the United States held, in an enforcement action by the Securities and Exchange Commission, that a disgorgement order that did not exceed a wrongdoer’s net profits and was awarded for victims constituted “equitable...

Children and the Law: Protecting the Vulnerable in a Time of Crisis

Kristin Nicole Henning, Clare Huntington, Elizabeth S. Scott, Marsha Levick and Jennifer Morinigo | December 23, 2020 | Children and the Law

The treatment of the children in two distinct areas of the law – child welfare and juvenile justice – is fraught with difficulty even under the best of circumstances. But with the onslaught of the COVID pandemic, the regular challenges and the need to protect children...

Project Spotlight: Model Penal Code: Sexual Assault and Related Offenses

Jennifer Morinigo | October 29, 2020 | Sexual Assault

Although the 2020 Annual Meeting was cancelled this year, the Reporters produced the fourth Tentative Draft (TD4) of Model Penal Code: Sexual Assault and Related Offenses (MPC:SA) and they are looking forward to receiving written comments.  The Draft includes most...
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