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Lone Pine Order
In United States tort law, a ''Lone Pine'' order is a pre-trial case management order of the court in civil mass tort, toxic tort, and products liability cases, directing plaintiffs to show ''prima facie'' evidence of injury, exposure, and causation by a date certain or face dismissal of the case. Background The term takes its name from a 1986 decision in a 1985 New Jersey Superior Court case, ''Lore v. Lone Pine Corp.'' (Docket No. L-33606-85, 1986 WL 637507, 1986 N.J. Super. LEXIS 1626), in which plaintiffs sought compensation for damage allegedly caused by polluted water from a landfill. Frustrated by delays in the case, including the fact that few of the 464 named defendants had been served with the lawsuit, and presented by defense lawyers with a United States Environmental Protection Agency report seemingly contradicting plaintiffs' claims, Judge William T. Wichmann of the Superior Court issued an order requiring documentation of "facts of each individual plaintiff's exposu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Tort Law
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts. Intentional torts Intentional torts involve situations in which the defendant desires or knows to a substantial certainty that his act will cause the plaintiff damage. They include battery, assault, false imprisonment, intentional infliction of emotional distress ("IIED"), trespass to land, trespass to chattels, conversion, invasion of privacy, malicious prosecution, abuse of process, fraud, inducing breach of contract, intentional interference with business relations, and defamation of character (libel/slander). Elements The elements of most intentional torts follow the same pattern: intent, act, result, and causation. Intent This element typically requires the defendant to desire or know to a subs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Discovery Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Civil Procedure
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system. History Early federal and state civil procedure in the United States was rather ''ad hoc'' and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law. Even worse, discovery was generally unavailable in actions at law. In order to obtain discovery, a party to a legal action had to bring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shook, Hardy & Bacon
Shook, Hardy & Bacon (SHB), L.L.P. (previously Shook, Hardy, Ottman, Mitchell and Bacon) is a U.S. law firm based in Kansas City, Missouri. In 2012, ''The National Law Journal'' ranked the firm as the 87th largest in the United States. The firm has offices in Los Angeles, Atlanta and Boston. The firm is notable for its representation of five of the six major U.S. tobacco companies, and for its involvement in hiding the health risks of tobacco. The firm inspired the mythical firm of Smoot, Hawking in the satirical novel ''Thank You for Smoking''. Notable clients SHB also has represented pharmaceutical companies, including Eli Lilly and Company, Amgen, Bristol-Myers Squibb, GlaxoSmithKline, Sanofi-Aventis, Guidant and Wyeth. In 2007, Shook also won a $69.5 million verdict on behalf of client Sprint Nextel, against Vonage. William H. Colby, an attorney at the firm, represented Nancy Cruzan (by way of her parents) in the right-to-die case, ''Cruzan v. Director, Missouri Departme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quinn Emanuel Urquhart & Sullivan
Quinn Emanuel Urquhart & Sullivan, LLP is a global white shoe law firm headquartered in Los Angeles, California. The firm employs approximately 800 attorneys throughout 23 offices around the world. History The firm was established in 1986 by John B. Quinn, Eric Emanuel, David Quinto, and Phyllis Kupferstein, with the purpose of being a litigation-only firm. Name partner A. William Urquhart joined in 1988. Part of the firm's self-image is its lack of a formal dress code. This casual self-image extends into the corporate structure of the firm, which eschews any formal management committees, other than an advisory committee for the evaluation of contingency fee cases. About 35 percent of Quinn attorneys went to Yale, Harvard, Stanford, Chicago, New York University, or Columbia law schools. Quinn Emanuel is the first AmLaw 100 firm to have a female name partner. The firm changed its name in March 2010 to include Kathleen Sullivan, former Dean of Stanford Law School, who heads th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Pennsylvania Law Review
The ''University of Pennsylvania Law Review'' is a law review published by an organization of second and third year juris Doctor, J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been published continuously since 1852. Currently, seven issues are published each year with the last issue traditionally featuring papers from symposia held by the review each year. It is one of the four law reviews responsible for publication of the ''Bluebook''. It is one of seven official scholarly journals at the University of Pennsylvania Law School, and was the third most cited law journal in the world in 2006. In addition to the print edition, the ''University of Pennsylvania Law Review'' also publishes the ''University of Pennsylvania Law Review Online'', formerly named ''PENNumbra'', an online supplement, which publishes debates, essays, case notes, and responses to articles that appeared in the print edition. History The jour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stanford Law School
Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford Law has regularly ranked among the top three law schools in the United States by ''U.S. News & World Report'' since the magazine first published law school rankings in the United States, law school rankings in the 1980s, and has ranked second for most of the past decade. In 2021, Stanford Law had an acceptance rate of 6.28%, the second-lowest of any law school in the country. Since 2019, Jennifer MartÃnez has served as its Dean of Stanford Law School, dean. Stanford Law School employs more than 90 full-time and part-time faculty members and enrolls over 550 students who are working toward their Doctor of Jurisprudence (J.D.) degree. Stanford Law also confers four advanced legal degrees: a Master of Laws (LL.M.), a Master of Studies in Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proximate Cause
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but for test is ineffective (see But-for test). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of Insurance and is concerne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the ''actus reus'' (an action) from which the specific injury or other effect arose and is combined with ''mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the ''mens rea'' is immaterial to the result and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
