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7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
17 Oct 2013, 5:00 am by Bexis
For some reason, we recently found ourselves comparing our favorite defenses to our favorite rock bands. [read post]
8 Jul 2013, 8:53 am by Arina Shulga
Tucker, 645 F.2d 404, 418 (5th Cir. 1981) as the seminal case. [read post]
2 Jan 2013, 6:00 am by Doug Cornelius
Tucker, 645 F.2d 404, 418 (5th Cir. 1981) as the seminal case. [read post]
2 Jan 2013, 6:00 am by Doug Cornelius
Tucker, 645 F.2d 404, 418 (5th Cir. 1981) as the seminal case. [read post]
17 May 2012, 7:55 am by John Elwood
California (relisted after the 5/10 Conference) Docket: 11-8851 Issue(s):  Whether the trial court’s use of a defendant’s prior juvenile adjudication, in which he was not afforded a jury trial, to trigger a sentencing enhancement that doubled his state prison sentence violated his right to due process and a jury trial under the Sixth and Fourteenth Amendments Certiorari stage documents Opinion below (Cal. [read post]