Crown Cork & Seal Co, et al v. Credit Suisse First, et al
MEMORANDUM OF LAW / Memorandum of MetLife and Lloyds in Support of the Application of New York's Loss Allocation Rules to their Common Law Claims at Trial. Document
Holding that the law of the state where the alleged tortfeasor acted and repeatedly performs its tasks must apply if that law is to have any deterrent impact and protect others from harm, "regardless of the home state of the [plaintiffs]."
Recognizing loss allocating and conduct regulating aspects of law imposing strict and vicarious liability for failure to take adequate safety measures at work site but characterizing it as "primarily conduct regulating"
Holding that joint participation pursuant to an agreement — express or implied — to commit a tort is necessary to impose liability on those acting in concert
Holding that actual notice of a particular recurring safety issue that was reasonably within the defendant's power to correct was sufficient to establish constructive notice of the specific recurrence
28 U.S.C. § 1404 Cited 29,019 times 191 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
15 U.S.C. § 78j Cited 12,711 times 166 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
15 U.S.C. § 78t Cited 4,050 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"
Explaining that a "release or a covenant not to sue ... one of two or more" joint tortfeasors "does not discharge any of the other tortfeasors from liability"
Providing that culpable conduct of "each person causing or contributing to the total liability for non-economic loss" shall be considered for purposes of limitation-on-liability rule unless plaintiff shows inability to obtain jurisdiction over nonparty tortfeasors