Today I’m very pleased to share with you the approved cover design for the book, and as you can see I have utilised the red, white and blue of the American flag, which I hope compliments the overall aesthetic and inspires some degree of patriotism when looking at it first hand.
Naturally this is just the first step in several, however it does indicate that publication is not too far away, and needless to say that with two years in the making, it’s a body of work that I am incredibly proud of.
More posts will follow as things progress, but for now I hope you like the final product as it stands right now, and here’s to getting it out to market in the coming weeks…
This is a twenty page report detailing the financial collapse of Carillion plc in 2018, and while this independent research explains much of the background leading up to their downfall, it also includes judicial insight into the rights of those left out of pocket when the hammer finally fell (click here to read it).
After working on this final chapter of the book for the past few months, I’m very pleased to announce that it is now finally complete, which has left me feeling a mixture of emotions, particularly as this wonderful and frankly unprecedented project has been the primary focus of my energy since November 2017.
As I have always done with the previous disciplines shown in the forthcoming ‘United States Law’, the final listing is here for you to view, and so I can only hope that you enjoy reading about them as much as I have studying and preparing them for publication.
1. Aetna Health Inc. v. Davila
2. Anderson v. St. Paul & Sault Ste. Marie Railway Co.
3. Beul v. ASSE International Inc.
4. BMW of North America Inc. v. Gore
5. Boim v. Holy Land Foundation for Relief and Development
6. Boomer v. Atlantic Cement Co.
7. Borsheim v. Great Northern Railway Co.
8. Brown v. Kendall
9. Burton v. Cowell Publishing Co.
10. Christensen v. Superior Court
11. Cox Broadcasting Corp. v. Cohn
12. Dillon v. Legg
13. Dillon v. Twin State Gas & Electric Co.
14. Dun & Bradstreet Inc. v. Greenmoss Builders Inc.
15. Earles v. Perkins
16. Escola v. Coca Cola Bottling Co. of Fresno
17. Falcon v. Memorial Hospital
18. Foster v. Preston Mill Co.
19. Garratt v. Dailey
20. Gertz v. Robert Welch Inc.
21. Goldberg v. Florida Power & Light Co.
22. Greenman v. Yuba Power Products Inc.
23. Henningsen v. Bloomfield Motors Inc.
24. Intel Corp. v. Hamidi
25. Jacque v. Steenburg Homes Inc.
26. Katko v. Briney
27. Kline v. 1500 Massachusetts Ave. Apartment Corp.
28. Knight v Jewett
29. MacPherson v Buick Motor Co.
30. Marshall v. Nugent
31. Martin v. Herzog
32. Metro-North Commuter Railroad Co. v. Buckley
33. Mohr v. Williams
34. Nash v. Port Authority of New York and New Jersey
35. New York Times Company v. Sullivan
36. Palsgraf v. Long Island Railroad Co.
37. Philip Morris USA v. Williams
38. Ploof v. Putnam
39. Port Authority of New York and New Jersey v. Arcadian Corp.
40. Riss v. City of New York
41. Robins Dry Dock & Repair Co. v. Flint
42. Rowland v. Christian
43. Scribner v. Summer
44. Sindell v. Abbott Laboratories
45. Sosa v. Alvarez-Machain
46. Soule v. General Motors Corp.
47. Strauss v. Belle Realty Co.
48. Summers v. Tice
49. Tarasoff v. Regents of University of California
Today marks exactly one year to the day that I first started writing the ‘voluminous’ Case Law Compendium: United States Case Law, and its pretty incredible to think that so much time has already passed, particularly given that I’m not even midway through the book yet!
Anyway, needless to say my hard work continues on undaunted, and I’m hoping to share the first half of the criminal law section here in the next couple of weeks, so watch this space if you’re interested to learn more…
Having recently completed this preliminary chapter of the book, I have provided a list of the cases covered in the civil procedure section for those that might be mildly curious. I would also add that it’s been a genuine pleasure reading and analysing these cases, all of which have helped educate me as to the intricate nature of State and Federal legalities, and I can only hope the readers will take as much pleasure in their reading, as I have in their writing.
Today marks the commencement of my writing ‘United States law: A Collection of Case Studies’, the second instalment of ‘The Black Letter’ series of books, and my excitement is quietly simmering away as I begin preparing for the months ahead.
This book covers the principle law modules offered within leading American universities and Law Schools at Juris Doctor level, and will therefore include civil procedure, constitutional law, contract law, criminal law, property law and tort law. While I appreciate there has been a shift towards comparative and international law, particularly within educational institutions such as Harvard University, when similarly examining both Stanford and Yale, there appears an inclination to adhere to the core fields as shown above, hence I have decided to remain true to that ethos for simplicity’s sake.
While consciously adopting a linear approach, I aim to include around 375 case studies – well over twice the number found in ‘The Case Law Compendium: English & European Law’, and although there is perhaps obvious reason for this, particularly given the size and legal structure of American jurisdiction, I feel the end result will provide law students with more than sufficient insight into the mechanics of notable United States case law.
On a personal note, I am very much looking forward to this journey, and estimate that the book should be finished and available for purchase around summer of 2019, adding that I will consciously try to publish new case studies to this website where time permits.
In closing, I would like to say a heartfelt ‘thank you’ to those of you who purchased my first book (or plan to soon) and I sincerely hope that my efforts have been of valued assistance when working towards your chosen vocations.
The amendment of pleadings is an American civil right when free from the misdirection of a jury, and so on this occasion the intermingling of two events resulting in the destruction of property, allowed the claimant to establish reasonable causation before enjoying the benefits of restorative justice.
In August of 1918, it was alleged that sparks emitted from a locomotive engine owned by the defendants caused a bog fire that while unextinguished, continued to burn for an extended period, largely due to the usual drought conditions at the time. During early October, there were winds in excess of 75 miles per hour, which exacerbated the existing fire, while driving it towards the home of the claimant.
It was the subsequent effects of this natural occurrence that left the claimant’s home damaged and thus both the railway company and the Director General of Railroads ended up in the courts as co-defendants, as was permissible under § 10 of the Federal Control Act.
During the trial, there were two options open to the jury for a safe conviction, namely:
“If plaintiff was burned out by fire set by one of defendant’s engines in combination with some other fire not set by one of its engines, then it is liable.”
“If the bog fire was set by one of defendant’s engines, and if one of defendant’s engines also set a fire or fires west of Kettle River, and those fires combined and burned over plaintiff’s property, then the defendant is liable.”
With confusion as to how best to approach the claim, the jury asked for confirmation as to whether liability could be found if it was agreed that the fire caused by the locomotive engine was significant enough to have been the primary contributor to the eventual fire that caused the damage, at which point the court agreed that it would. It was then that the claimant amended his pleading to one where both fires had been the sole cause of destruction to his home, as opposed to that of the bog fire alone.
While returning a verdict in favour of the claimant, the defendants argued that such pleading allowances were unlawful, before appealing to the St. Louis District Court, who denied a motion for a retrial, while allowing for the consideration of the Minnesota Supreme Court.
Here consideration was given to both the discretion of the courts to allow for claim amendments, and the extent to which the Director General of Railroads is lawfully implicated. In the first instance, the Court explained how § 7784 of Ch. 77 of the Minnesota Statutes 1913 noted that:
“No variance between the allegations in the pleading and the proof is material unless it has actually misled the adverse party to his prejudice in maintaining his action or defence on the merits.”
Which on this occasion the court had already established which fires were attributable to the defendants, and at no point had any objection or evidence been shown to prove otherwise, while under § 4426 of Ch. 28 of the Minnesota Statutes 1913 also made it clear that:
“Each railroad corporation owning or operating a railroad in this state shall be responsible in damages to every person and corporation whose property may be injured or destroyed by fire communicated directly or indirectly by the locomotive engines in use upon the railroad owned or operated by such railroad corporation…”
It was further held that within the terms of the Transportation Act of 1920, Congress conferred no express limitations as to the powers of the Federal Control Act, and that evidence of this was available under §§ 202 and 206 of the amended statute, and so it was that for these reasons the Court refused to reverse the original decision and dismissed the appeal.