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  Thus, avoidance of yellow fever was not treated like a force majeure—which would excuse the breach of contract, but it was considered as an equitable matter in assessing breach-of-contract damages. [read post]
4 Jul 2010, 6:25 pm by Carter Ruml
Louisville Trust Co., 276 S.W.2d 461, 464 (Ky. 1955)  Consequently, the court found that Mr. [read post]
8 May 2008, 12:22 pm
No matter how strong an alternative warning would have been, it wouldn't have made a difference since the doctor didn't read it. [read post]
7 Apr 2011, 1:16 pm by Bexis
"Not only is the rule in Slater bizarre as a matter of common sense, but it's contrary to the Erie doctrine. [read post]
8 Sep 2022, 5:35 am by Jack Goldsmith
A few states, for instance—including New York, where Fox is headquartered—require a showing of "actual malice" for all statements of public concern, including statements about private figures.[2] Most other states allow recovery of proven compensatory damages for libel based on a showing of mere negligence.[3] Presumably Fox would want to avoid even negligent mistakes, just as a matter of editorial policy. [read post]
11 Dec 2006, 3:18 pm
While you are certainly entitled to your opinions concerning ethics, you would be wise to avoid making assertions about legal matters. [read post]
24 May 2007, 10:40 am
Harper & James, in their tort treatise, said much the same thing: "conformity to the legislative standard. . .may so clearly constitute due care under the circumstances of any given case that the court will decide it does as a matter of law. [read post]
9 Jul 2010, 5:37 am by Susan Brenner
McCrary, 45 S.W.3d 36 (Tennessee Court of Appeals 2000); State v. [read post]
26 May 2020, 8:00 am by FHH Law
Although with the postponed deadline, it should not matter whether these reports are formatted as one report or two, we would recommend retaining two separate reports and uploading one for each quarter to avoid confusing future reviewers. [read post]
13 Dec 2010, 4:30 am by Steve McConnell
And Aristotle said there are four types of causes: efficient, matter, end, and form.Sadly, the issue of causation is not handled particularly well in any of the four Aredia/Zometa opinions. [read post]
12 Sep 2012, 5:47 am by Susan Brenner
State, __ S.W.3d __, 2012 WL 3773293 (Texas Court of Appeals 2012). [read post]