Supreme Court; Agency and constructive trust in acquisition of property; proper
approach for appellate court to take to findings of court of first instance.
Not exact matches
Aug. 18, 2015)-- authored by Circuit Judge M.D. Smith; discussed in our Aug. 18, 2015 post: California Civil Code § 1717 policy trumps a foreign choice - of - law clause
for fee recovery purposes, accepting ABF Capital / Grove Properties over ABF Capital / Berglass
approaches by California's intermediate
appellate courts.
To help CanLII
approach (or in some cases far exceed) a targeted case law depth of at least 10 years
for superior and
appellate courts, Canada's provincial law foundations have provided substantial funding grants
for the scanning, digitizing and publishing of pre-2003 case law.
Although no
appellate court has decided when private Facebook content is discoverable, the State's trial
courts have developed a logical
approach for dealing with the issue.
The Italian constitutional
Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same
approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU
approach for WTO decisions: despite an action being contrary to WTO as decided by the
appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)
(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme
Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing
approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or
appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim
for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty
for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.