What Law Governs Federal Officials When They Abuse Power?


When it comes to suits for damages for abuse of power, federal officials are usually governed by local law. See, e. g., Slocum v. Mayberry,2 Wheat. 1, 10, 12. Federal law, however, supplies the defense, if the conduct complained of was done pursuant to a federally imposed duty (see, e. g., Mayor v. Cooper,6 Wall. [...]

March 15th, 2009 by admin 

Who Says There is No Federal Common Law?


“However, federal courts and New York courts follow different rules for what constitutes proof of conversion. Absent some affirmative proof of conversion, courts applying federal common law will enforce a contractual limitation of liability provision.” Baloise Ins. Co. Ltd. v. United Airlines, 723 F.Supp. 195, 198 (S.D.N.Y. 1989). Federal common law governs a carrier’s liability [...]

February 8th, 2009 by admin 
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