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28 May 2020, 5:29 am
”[18] Perhaps these courts meant to say that they had found that the proponent of the challenged expert witness testimony had shown admissibility by a preponderance, and that what non-disqualifying problems remained should be taken up on cross-examination.[19] The principle of charity, however, cannot exonerate federal judges from exercising the dodge repeatedly in the face of clear statutory language. [read post]
9 Nov 2015, 7:09 am
Xerox Corp., 718 P.2d 929 (Alaska 1986), the court was “persuaded by the comments to the Restatement (Second) of Torts §500, which define reckless disregard of safety. [read post]
1 Oct 2020, 6:03 am
But that ruling dodges the hard question—how, exactly, do “the proceeds obtained by . [read post]
20 Feb 2009, 5:04 am
Asbestos Corp., 480 A.2d 647, 651 (Del. 1984), an asbestos case (obviously), but that was as much because of lack of exposure as due to any evaluation of the viability of the underlying claim.Moreover, Guinan I stated that not only was medical monitoring itself uncertain under Delaware law, but plaintiffs advocated a "novel theory that a tort claim for medical monitoring can be applied to medical procedures and devices. [read post]
12 Oct 2018, 10:17 am
Who or J&J to pop out and reassure me that I'll dodge a bullet, and I doubt I’d believe them if they did.] [read post]
12 Feb 2015, 12:56 pm
Medicis Pharmaceutical Corp., 2015 Ariz. [read post]
5 Aug 2013, 4:32 am
Brown also invoked American Dairy Queen Corp. v. [read post]
24 Jun 2013, 12:50 pm
Ortho Pharmaceutical Corp., 642 F.2d 652 (1st Cir. 1981), made of New Hampshire law. [read post]
23 Mar 2015, 2:16 am
” Accordingly, the three Potash Corp. designees had resigned. [read post]
18 May 2013, 5:30 am
Alice Corp. [read post]
17 Sep 2013, 11:31 am
Cordis Corp., 625 F.Supp.2d 769, 779 (D.Minn. 2009). [read post]
18 May 2010, 1:10 am
Universal Surveillance Corp. [read post]
16 Oct 2010, 7:39 am
Corp. v. [read post]
26 Feb 2009, 10:05 am
Fortunately, the dissent called out the majority for dodging the issue:In its first opinion, the majority explicitly approved [read post]
29 Apr 2020, 10:40 am
Ils le sont aussi lorsqu’ils portent sur des exercices et des jeux licites qui tiennent à la seule adresse des parties ou à l’exercice de leur corps, à moins que la somme en jeu ne soit excessive, compte tenu des circonstances, ainsi que de l’état et des facultés des parties. [read post]
6 Dec 2011, 1:59 pm
Boston Scientific Corp., 631 F.3d 762, 768 (5th Cir. 2011). [read post]
6 Dec 2007, 3:51 am
A few lawyers have sought to include provisions in merger agreements governed by NY law making target stockholders third party beneficiaries with rights solely enforceable by the target, including some very large deals - see Berkshire Hathaway's acquisition of Russell Corp.; Brookfield Properties acquisition of Trizec; Phelps Dodge's proposed acquisition of Inco; and Aviva's prop [read post]
12 Jun 2007, 12:55 am
Attorney General Dodges Job, Scandal Questions
Daily Business Review
U.S. [read post]
3 Jun 2021, 2:58 pm
The more difficult question dodged by this example or explanation is what if the employee technically has access to the information but is not supposed to access the information for any purpose. [read post]
22 Aug 2012, 5:00 am
In Lofton, the Fifth Circuit applied Buckman preemption, in contrast to the Hughes court's unconvincing effort to dodge it. [read post]
