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7 Nov 2014, 5:52 am
  So what follows is our best interpretation of the position of the fifty states (plus DC and Puerto Rico) on whether any presumption arises when a plaintiff claims an inadequate warning (almost every case) that a hypothetical warning (never in fact given) would have been heeded.One thing we have discovered of particular note (at least to us), is that the heeding presumption is an area where the federal courts have run amok, ignoring their obligations under the Erie Doctrine to leave… [read post]
1 Oct 2014, 10:46 am by Stephen D. Rosenberg
I wanted to comment at least briefly, or more accurately thematically, on the Third Circuit’s decision last week in Santomenno v. [read post]
28 Aug 2014, 5:57 am by Dennis Crouch
Skaist has also been an adjunct professor at Boalt Hall Law School in Berkeley, CA, at Willamette School of Law in Salem, OR, at Lewis and Clark Law School in Portland, OR, and at Albany Law School. [2] A separate twist is raised by Sotomayor’s concurrence (also expressly by Judge Mayer recently in I/P Engine v. [read post]
9 Aug 2014, 11:14 pm
And whether Virginia recognizes the year-and-a-day rule (under which an attacker can only be convicted of murder if the death occurs within a year and a day of the attack) is not clear, though Clark v. [read post]
30 Jul 2014, 1:56 am
The yoghurt case in question is Fage UK Ltd & Another v Chobani UK Ltd & Another [the decision of Briggs J at trial is at [2013] EWHC 630 (Ch), noted by the IPKat here; the appeal decision, at [2014] EWCA Civ 5, featuring Lords Justices Lewison, Kitchin and Longmore, is noted by the IPKat here]. [read post]
22 Jul 2014, 7:00 am by Bill Marler
Marler Clark has the honor of directly representing 46 and indirectly several more[6]. [read post]
21 Jul 2014, 10:01 pm by Bill Marler
Marler Clark has the honor of directly representing 46 and indirectly several more[6]. [read post]