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4 Jun 2009, 11:04 am
Certain rules and practices, however, emerged as causes of significant discontent.Nearly half of the respondents said that notice pleading has become a problem because extensive discovery is required to narrow the claims and defenses and 57 percent said that with notice pleading, motions to dismiss on the pleadings are not effective in limiting claims and narrowing litigation issues. [read post]
3 Nov 2008, 11:39 am
The late Carl Sagan once asked this question, “What does it mean for a civilization to be a million years old? [read post]
26 Jul 2007, 11:18 am
Ferrari is an express preemption case interpreting a clause stating:No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death. . .after [Oct. 1, 1988] if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.42 USC §300aa-22(b)(1).There's rock solid legislative history establishing that the intent of this… [read post]