negligence

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Respondents Roberta G. Devries and Shirley McAfee (“Devries and McAfee”) separately filed suit in Pennsylvania state court, alleging that their deceased husbands, John B. Devries and Kenneth McAfee, had contracted cancer after being exposed to asbestos...

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In February 2015, the technology companies Emulex Corporation (“Emulex”) and Avago Technologies Wireless Manufacturing, Inc. (“Avago”) announced that they would be merging. Varjabedian v. Emulex Corp. at 401. In accordance with the merger agreement,...

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Overview

Mens Rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. A mens rea​ refers to the state of mind statutorily required in order to convict a particular defendant of a...

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Timothy Sorrell, Respondent, was employed as a trackman by Norfolk Southern Railway Company. Brief for Petitioner Norfolk Southern at 5. As a trackman for the railway company, Sorrell was classified as a “general laborer.” Id. at 5. As such, he...

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In 1950, Jesse Williams began smoking cigarettes and eventually smoked three packs a day of Marlboros, which are manufactured and marketed by Philip Morris USA Inc. (“Philip Morris”). See Brief for Petitioner, Philip Morris USA Inc. at 2. Jesse...

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Overview


Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling...

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Definition Latin for "the thing speaks for itself." OverviewIn tort law, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable presumption of negligence...
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Petitioner Kouichi Taniguchi, a professional baseball player in Japan, dropped through a wooden deck during a tour of property belonging to Respondent Kan Pacific Saipan, LTD. See Taniguchi v. Kan Pacific Saipan, LTD, 633 F.3d 1218, 1219 (9th Cir. 2011...