Law of the Case

• Is the Pindell Case Manifestation of the Law of Unintended Consequences?

Zohar Zik1 considers the decision of Pindell Limited v AirAsia Berhad2, in which the court rejected a claim made by an aircraft lessor against the les...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Merging in the Shadow of the Law: The Case for Consistent Judicial Efficiency Analysis

This Article examines current judicial interpretation of Section 7 of the Clayton Act through the lens of negotiation theory. The research exposes a gap between how courts state they are analyzing efficiency claims in Section 7 Clayton Act enforcement actions and what they are actually doing. During periods of lax antitrust enforcement, this pattern is not readily visible, since almost all proposed merger and acquisition ("M&A") deals are approved. With a shift to more aggressive antitrust policy, however, it is critical that merger review include appropriate weighing of transaction-generated efficiencies-something missing from courts' current antitrust analysis. Although only a small number of Section 7 cases are litigated each year, corporate negotiators assess thousands of potent...

• Vanderbilt Law Review
• Vol. 63 Nbr. 6, November 2010

• When Is the Use of Foreign Law Possible? A Hard Case: The Protection of Privacy in Europe and the United States

Introduction II. Comparison Among Civil Law Systems III. Comparison Among Common Law And Civil Law Systems A. Starting Points 1. Civil Law 2. Common Law B. A Possible Ending Point IV. Comparing American And Foreign Law

• Louisiana Law Review
• Nbr. 67-4, July 2007

• Notice: Seventh Circuit Rule 53(B)(2) States Unpublished Orders Shall Not Be Cited or Used as Precedent Except To Support a Claim of Res Judicata, Collateral Estoppel or Law of the Case in Any Federal Court Within the Circuit. Taurus Holding Company of America, Incorporated, and Leoco, Plaintiffs-Appellants, v. Reginald Thompson, Julia Thompson, T.L.C. Gem Labs, Incorporated, Et Al., Defendants-Appellees,, 129 F.3d 1268 (7th Cir. 1997)

Before Hon. Joel M. Flaum, Circuit Judge Hon. Kenneth F. Ripple, Circuit Judge Hon. Terence T. Evans, Circuit Judge ORDER The Taurus Holding Company ...

• Federal Circuits

• The law: the CIA leak case indicting Vice President Cheney's Chief of Staff.

In June 2003, citing "two senior administration officials," syndicated columnist Robert Novak openly identified Valerie Plame as a Central Intelligenc...

• Presidential Studies Quarterly
• Vol. 36 Nbr. 2, June 2006

• Law Review: Case of the State Park 'Drowning Machine'

In the Cohen case described herein, the state claims court denied the defendant's motion for summary judgment because there was some question surrounding whether the whirlpool at issue posed an open and obvious risk of drowning to state park visitors. The common-law emergency doctrine which recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation, or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context, provided the actor has not created the emergency.

• Parks & Recreation
• Vol. 43 Nbr. 4, April 2008

• Seeking CAFA Clarity: A Summary of Recent Case Law Addressing Challenges to Jurisdiction Under the Class Action Fairness Act.

I. THE CLASS ACTION FAIRNESS ACT ("CAFA") In 2005, CAFA was enacted to assure fair and prompt recoveries for class members with legitimate claims, r...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Law, Finance, and Politics: The Case of India

The liberalization of India's economy since 1991 has brought with it considerable development of its financial markets and supporting legal institutions. An influential body of economic scholarship asserts that a country's "legal origin" - as a civilian or common law jurisdiction - plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants of investor protection are political, rather than legal. We use the case of India to test these theories. We find little support for the idea that India's legal heritage as a common law country has been influential in speeding the path of regulatory reforms and financial development. Rather, we suggest there are complement...

• Law & Society Review
• Vol. 43 Nbr. 3, September 2009

• Deja vu in Florida courts: when courts 're-view' the law of the case.

An appellate court generally resolves all of the issues presented to it with finality. After resolution in the appellate court, however, it is not unc...

• Florida Bar Journal
• Vol. 82 Nbr. 9, October 2008

• Trial and Eros: when "Lady Chatterley's Lover" ran afoul of Britain's 1959 obscenity law, the resulting case had a cast worthy of P. G. Wodehouse.

THE COURT USHER'S VOICE rang out in the courtroom at the Old Bailey: "Call Kingsley Amis!" Amis, the well-known British comic novelist, was nowhere to...

• American Scholar
• Vol. 79 Nbr. 4, September 2010