In awarding extreme relief against Microsoft, the district court operated on the mistaken notion that the government, as the prevailing party on liability, was somehow entitled to the remedy of its choice.
On Tuesday, Lord Justice Laws, sitting with the master of the Rolls, Lord Dyson, and Lord Justice Kitchin, said it was inescapable that the high court judge was right to find a violation of the article 3 investigative duty and, under the applicable legal principles, his conclusion on liability was inevitable.
Moreover, because liability cannot be measured, the distributional assumptions on liability are virtually untestable [ 30].
In 2010, this limitation on liability was extended to lay providers of naloxone who have received appropriate training through a program registered by a local health department [ http://legiscan.com/CA/text/AB2145/id/60864].
A retrial on the numbers theory of liability is barred by the Double Jeopardy Clause.
The resolution of this matter of restrictions on tort liability is ultimately a matter of "practical politics". Palsgraf, 162 N.E. at 103 (Andrews, J., dissenting).
"Plus, you don't know what your liability is on one of those things.
[49 Ill.App.3d 484] For the reasons stated, the order of the circuit court of Cook County dismissing the count of the complaint founded on strict products liability is affirmed.
The report does, however, note that students have statutory protections - including the fact repayments are based on earnings and liability is written off after a set amount of time - and that graduates earn on average 42% more than non-graduates.
