FastSaying
It is a strong endorsement. The question is: How relevant is it? Someone who was on the 3 rd Circuit for a decade and a half and has done a good job is likely to get this rating.
Carl Tobias
Circuit
Endorsement
Question
Relevant
Strong
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The question is, can they have their cake and eat it too?
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The question is how high the liability shield needs to be. I think 'willful misconduct' is too high. We usually use some kind of negligence standard in these situations. It would be very unusual that you could prove that intentional misconduct had happened.
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The government is going to lose a very good ruling to avoid having this go before the Supreme Court.
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He anticipated an attack on him. I have a lot of respect for a judge who, presented with a difficult decision, admits it's going to be tough. He has discharged his oath.
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