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Mar 11th 2006, 6:33 pm
Replies: 179
Views: 6,791
Posted By bionomique

Re: OT with trepidation: California Bar & "UPL"

The reason I posed this question was because I thought it fairly well replicates what we are discussing with regard to newsgroups and "net-arios" and potential claims.

For purposes of...
Mar 9th 2006, 11:10 am
Replies: 179
Views: 6,791
Posted By bionomique

Re: OT with trepidation: California Bar & "UPL"

OK. Yes, it seems from a cursory look, one approach, Cardozo, cited proximate cause/causation, the other comparative negligence. Understood that the railroad employees had a "duty" to care for a...
Mar 9th 2006, 3:05 am
Replies: 179
Views: 6,791
Posted By bionomique

Re: OT with trepidation: California Bar & "UPL"

Hmm. I just googled that and I guess I'd be caught saying "Oh" too! I was under the impression that negligence is not actionable unless it involves a violation of right. A railroad had all of the...
Mar 9th 2006, 2:06 am
Replies: 179
Views: 6,791
Posted By bionomique

Re: OT with trepidation: California Bar & "UPL"

Interesting discourse, so far.

While I agree with much that has been discussed, the above example is hardly a good one. in my opinion. A railroad that fails to install safety devices is not in...
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