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While all four of the most recent cases rejected the product line theory on summary judgment, the renewed invocation of the product line doctrine warrants a revisiting of it to understand why this once bourgeoning, economically-based exception to successor nonliability no longer flies in the vast majority of states.
Judge Posner has also explained the rule of reason as a euphemism for nonliability.
25) Fourth, comparing the plaintiffs story only to the defendant's favorite story, rather than to all versions of nonliability, will result in recovery by plaintiffs more often than normatively desirable.
Consider that, between convicting the innocent and acquitting the guilty, we strongly prefer the latter, whereas between false findings of liability and nonliability, we are closer to indifferent.
Still in defense of President Benigno Aquino IIIs nonliability in "violating" the PNP chain of command, Chief Superintendent Generoso Cerbo Jr.
In opposition, the Darkei Noam defendants failed to raise a triable issue of fact as to whether their failure to investigate the underlying incident in September or October 2005 was reasonable, or to otherwise demonstrate a good-faith belief in nonliability (see Security Mut.
Ultimately, "[i]f the rule of nonliability for termination of at-will employment is to be tempered, it should be accomplished through a principled statutory scheme .
Because Vance and Ertel's Bivens suit involved special factors that counseled hesitation (military affairs), alternative remedies (congressionally legislated detainee treatment statutes), and vicarious supervisory nonliability issues, the Seventh Circuit en banc reversed the district court and ordered the Bivens suit against Rumsfeld dismissed.
However, it seems relatively unlikely that a foreign court would conclude that a judgment of nonliability under U.
On the nonliability of generalized Serstnev PN spaces, J.
Even though the provision is not a direct fraud-on-the-FDA cause of action, the court reasoned that because it required plaintiffs to show fraud on the FDA to rebut a presumption of nonliability, Buckman still applied.
Some other precautions taken were (1) making sure the students were well monitored during the mixing of the food materials so no additional ingredients were added, and (2) checking with the school district to assure nonliability if a student choked on one of the products.