As a small-business owner, you can protect yourself and your business from costly litigation by recognizing situations that expose you to tort liability. A tort is a civil wrong causing injury to ...
A retailer's exculpatory clause cannot insulate it from strict product liability claims, a Florida appellate court ruled, finding that allowing such a clause would violate public policy. Prominent ...
A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad ...
The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain ...
Here are a couple of legal concepts to get your head around before we continue: The Park Doctrine: Also known as the “Responsible Corporate Officer (RCO) Doctrine,” it allows a corporate officer, who ...
Surely you noticed the centrality of the notion of a product being “unreasonably dangerous,” right? And surely, Pennsylvania jury instructions must explain what that notion means, right? Wrong.
Paul was a Senior Legal Research Fellow in the Meese Center for Legal and Judicial Studies at The Heritage Foundation. Not everyone agrees with the validity of the Supreme Court’s approach to ...
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