AXA General Insurance Ltd v Lord Advocate : analysis

Discusses the Supreme Court decision in AXA General Insurance Ltd, Petitioners on whether Scottish legislation which reversed a House of Lords ruling concerning the actionability of certain asbestos-related conditions breached insurers' rights

Finessing Well-Plead Derivative Lawsuits: The Implications of the Minnesota Supreme Court\u27s Selection of Auerbach over Zapata

This article begins with the factual background and subsequent procedural history of the UnitedHealth Group Inc. shareholder derivitve litigation, as an instance where Minnesota courts effectively disposed of the factual allegations in a well-pleaded derivative action, directed at the behavior and actions of members of a board of directors, without reviewing finding of facts or reasoning behind the SLC\u27s report or conclusions. The purpose of this article is to understand how a board-appointed committee can convince a court to dismiss and settle a derivative suit without showing detailed justification, and this is achieved by reviewing the statutes, case law, and theoretical concepts behind derivative suits. Thus, this article first focuses on the current framework under Minnesota law governing corporate directors’ duties and responsibilities, the business judgment rule, and the shareholders’ opportunity to bring derivative suits. Then, this article analyzes how these matters are handled by SLCs. In the fourth section, the story finally reaches the derivative suit against UHG, where the reader will see how it was dismissed and settled with minimal judicial review. The fifth part analyzes the standard the Minnesota Supreme Court adopted for reviewing SLC decisions to dismiss and settle derivative suits. The sixth and final portion assesses the scope of continuing director accountability in Minnesota

Rosalie Wahl: Her Extraordinary Contributions to Legal Education

Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association\u27s Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this Commission, which may affect the form, content, and process of accreditation of law schools in this country far into the next century

Legal Aspects of Counterinsugency

You have studied, thought, talked about and listened to various facets of the problem of counterinsurgency-the political factors, the sociological, economic, and even the military factors. But what on earth does law have to do with this subject

Hsian, the capital of Shensi : past and present

22 pageshttps://digitalrepository.trincoll.edu/moore/1023/thumbnail.jp

The Tale of a Tail

The commercial general liability insurance industry shifted, in 1986, from the use of an “occurrence-based” to a “claims-made” policy form. So-called “tail” or “long tail” claims have continued nevertheless, to be asserted under the older “occurrence” policies which required that injury occur during the term of the policy, but not that the claim for such injury be made or brought at any particular time. In seeking state approval to use the new “claims-made” form in 1985-86, the insurance industry represented that the new form would not affect coverage under the old “occurrence” form. Despite that representation, insurers are now asserting, in the guise of an “allocation” claim, that “occurrence coverage” is progressively reduced as each year goes by between the date of the “occurrence” and when the claim is made. This assertion involves a contrived, intricate, and novel interpretation of an ambiguous insurance policy provision, and thus cuts across well-accepted canons of insurance policy interpretation. Such an interpretation would impair coverage that has already attached, and would also impair reasonable expectations on the part of the insured