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Pennsylvania Remains a <i>Frye</i> State
Chief Justice Ralph J. Cappy of Pennsylvania's Supreme Court issued an opinion on Dec. 31, 2003, declaring that the State of Pennsylvania would remain a “Frye state” and would not follow suit with much of the rest of the nation in using the Daubert test to qualify expert witnesses. Grady v. Frito-Lay Inc., PICS Case No. 03-2056 (Pa. Dec. 31, 2003) (Cappy, C.J.; Castille, J., concurring; Newman, J., concurring; Saylor, J., concurring; Lamb, J., concurring).
Background
The Grady case involved a suit by a married couple claiming Frito-Lay was liable under theories of strict liability, breach of warranty and negligence for harm occasioned when Mr. Grady tore his esophagus, allegedly while eating a Doritos corn chip. Plaintiff's expert, a chemical engineer, performed tests on Doritos chips using his finger and a platform gram-balance to determine the downward force needed to break a chip. From the results of these tests, he opined that because the chips were triangular, sharp and not easily broken, they caused the tear in Mr. Grady's esophagus.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?