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10 Sep 2010, 8:07 am by Bexis
   For decades, Pennsylvania followed a "ne'er the twain shall meet" rule that strictly separated strict liability from “negligence concepts. [read post]
19 Aug 2010, 2:50 pm by THE KONG FIRM PLLC
  See University Mechanical and Engineering Contractors, Inc., No. [read post]
24 Apr 2010, 5:05 am by Rebecca Tushnet
Lontchar, Vice-President, Senior Counsel, Home Shopping Network, Inc., St. [read post]
14 Apr 2010, 2:13 pm by Adam Thierer
”[13] McChesney and Nichols seem to be building on the approach popularized by Richard Thaler and Cass Sunstein in their highly influential 2008 book Nudge: Improving Decisions about Health, Wealth, and Happiness.[14] Based on behavioral economics studies, Thaler and Sunstein argue that both government and private actors must inevitably make decisions about “choice architecture” and that, by setting defaults, incentives and rules smartly, “choice architects” can and… [read post]
19 Jul 2009, 10:50 am
(Editors Note: This post comes to us from Charles Nathan of Latham & Watkins LLP and Rhonda Brauer of Georgeson Inc.) [read post]
9 Jul 2009, 4:54 am
The most important thing wasn't really the standard itself, but the concept of the judge - not the jury - as "gatekeeper. [read post]
22 Apr 2009, 6:15 am
Simplicity Manufacturing, Inc., 2008 WL 538912 (3d Cir. [read post]
28 Jan 2009, 2:06 am
American Tobacco Co., 84 F.3d 734, 746 (5th Cir. 1996); In re Rhone-Poulenc Rorer, Inc., 51 F.3d 1293, 1298-99 (7th Cir.1995); Bruce L. [read post]
9 Oct 2008, 4:28 am
If single issues could be certified as class actions without regard to the rest of the litigation, the concept of predominance would lose its meaning, because the plaintiffs could always ask the court to slice the salami thinner until the only the "common issue" was left.And that's pretty much what the latest ALI draft still does - only it uses a different metaphor.The reporters have worked hard putting this together, and they've listened to our criticism (for the most… [read post]
8 Aug 2007, 3:07 am
ince the beginning of the twentieth century, the United States has formally recognized a distinction between adult and juvenile offenders. [read post]
9 May 2007, 1:34 pm
"The Draft continues to use the "carve at the joint" metaphor from In re Rhone-Poulenc Rorer, Inc., 51 F.3d 1293 (7th Cir. 1995) (e.g., §2.03, comment c & Reporters' Notes) to justify widespread issue certification, even though Rhone-Poulenc used that phrase not in support of issue certification, but to caution against bifurcating a trial in a way that would have different juries examining the same issue in violation of the Seventh Amendment. 51 F.3d… [read post]
19 Oct 2006, 11:20 pm
He decided to research whether he could launch a company around the concept. [read post]