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9 Mar 2012, 2:20 pm
Instead, it digs up an an 85-year old precedent, Napier v. [read post]
8 Mar 2012, 7:24 pm
In a decision that relied heavily on its own past decision in Napier v. [read post]
7 Mar 2012, 2:14 am
Viewed through the lens of modern preemption law, Napier is an anachronism. [read post]
5 Mar 2012, 12:03 pm
Some commentators have sought to isolate the case from other preemption jurisprudence by arguing that the outcome of the case may have been different if the Court did not feel bound by the precedent established in a 1926 Supreme Court case, Napier v. [read post]
Non-final orders, jurisdiction, and fresh pasta with tomatoes, rosemary and braised kale with garlic
4 Mar 2012, 1:47 pm
Appeals -- Non-final orders -- Jurisdiction -- Interlocutory order that merely gives trial court's opinion of the percentage of ownership in corporation held by three persons is not appealable under rule of appellate procedure that allows for review of non-final orders that determine the right to immediate possession of property, since the order on appeal does not order any disbursement of funds or determine any right to immediate possession of property -- Appeal dismissed for lack of… [read post]
1 Mar 2012, 10:07 am
The district court agreed, and the Third Circuit affirmed, invoking the Supreme Court’s holding in Napier v. [read post]
1 Mar 2012, 3:10 am
Though they agreed that the design-defect claim was preempted by the LIA, they concluded that the failure-to-warn claim was not preempted because the field defined in Napier differently today because recent cases have regularly rejected the field preemption doctrine when statutory language does not contain an express preemption clause. [read post]
29 Feb 2012, 2:03 pm
The Court held that petitioners’ state-law design-defect and failure-to-warn claims fall within the field of locomotive equipment regulation pre-empted by the Locomotive Inspection Act, as that field was defined in Napier v. [read post]
29 Feb 2012, 12:11 pm
., et al. felt bound by stare decisis (in this case Napier) to hold that the petitioners' design defect claims against the manufacturers of asbestos-containing friction products used in locomotives were preempted by the Locomotive Inspection Act (LIA). [read post]
9 Jan 2012, 2:21 pm
Others expected to testify include Brad Burnham, Partner at Union Square Ventures; Michael Macleod-Ball, attorney for the American Civil Liberties Union; Lanham Napier, chief executive officer of Rackspace; Leonard Napolitano, director of the Center for Computer Sciences & Information Technology at Sandia National Laboratories; and Alexis Ohanian, co-founder of Reddit.com. [read post]
4 Jan 2012, 8:42 pm
The speakers include: Ben Williams (39 Essex Street), Gordon Wignall (No 5 Chambers), Andrew Post (Hailsham Chambers), Roger Mallalieu (4 New Square), Michael Napier (Irwin Mitchell), David Marshall (Anthony Gold Solicitors), Kerry Underwood (Underwoods Solicitors), Michael Kain (Kain Knight) and Keith Hayward (Victory Legal Costs). [read post]
29 Dec 2011, 4:01 am
Napier, 724 So. 2d 22 (Ala.Civ.App. 1998). [read post]
20 Dec 2011, 3:01 am
Napier was distinguishable; in that case, the pursuer shared a cell, and it was found that he suffered physical harm (eczema) as a result of slopping out. 6. [read post]
16 Dec 2011, 11:40 am
You're really going to make us to this ourselves? [read post]
14 Nov 2011, 6:18 am
In between the discussion of Napier’s scope, Justice Kagan asked Hacker whether the Court “would decide Napier the same way if it came to us today. [read post]
8 Nov 2011, 8:56 am
Invoking the Supreme Court’s holding in Napier v. [read post]
6 Nov 2011, 7:56 pm
Napier. [read post]
4 Nov 2011, 7:17 pm
Napier's friends and family, a full and complete investigation takes place. [read post]
24 Oct 2011, 5:00 am
At the same time, Napier's inconsistent statements concern facts that could not have been conclusively verified by the government, and the potential that Napier had lied in these respects was fully presented in cross-examination and summation to the jury, which resolved the credibility issue against the defendants. [read post]
1 Oct 2011, 5:14 pm
AKP planned to grow perennial grasses such as sterile napier grasses as well as eucalyptus for their feedstock. [read post]
