Objective Standard: The Literal Approach Courts taking the literal approach have held that not even a handshake to “formalize the deal” outweighs strict contract language.[37] Rather, courts rely exclusively on the language of the letter and look to clear statements indicating a binding or non-binding effect.[38] These are organized into four broad categories[39] of letters of intent based on the intentions expressed by the parties: (1) Expressly Non-Binding: One or both parties… [read post]

., the 1996 Cyclospora outbreak first linked to strawberries and later linked to raspberries and the 2008 Salmonella Saintpaul outbreak first linked to tomatoes and later to Jalapeno peppers are well-known examples of what can happen if an outbreak is incorrectly linked to a food.Being wrong can cause serious economic harm to industry, reduce public and industry confidence in government and undermine support and trust for future investigations and findings. [read post]

Manhattan District Attorney Alvin Bragg is nearing what could be the first criminal indictment of a former U.S. president in history. [read post]

  This case presents the following issues: (1) To what extent does the Federal Power Act (16 U.S.C. [read post]

Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]