67 ordspråk av Carl Tobias

Carl Tobias

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One case does not a whole litigation strategy make.

I think it's pretty probable that the verdict would hold up. My sense is that the judge was pretty careful.

It's too early to tell. Some people believe that Roberts may be similar to Rehnquist in his jurisprudence, although that's not at all clear yet.

[The ground rules for asking and answering questions] are kind of ad hoc, ... they invoke the history they need for the particular occasion.

It's a warning to the extent the White House cares or listens.

The question is, can they have their cake and eat it too?

The government is going to lose a very good ruling to avoid having this go before the Supreme Court.

This means the issue of whether you can hold a citizen 3 1/2 years without charges will likely be unresolved, which is of great concern to many.

The next question is the New England Journal flap. It seems to erode their credibility.

It sounds like a little bit of Russian roulette.

I don't understand why that wasn't used. Congress has clearly provided for what was going on. It seems to be that that procedure should have been followed.

Negligence is much easier to prove; it's the failure to exercise reasonable care. Willful misconduct is a much higher standard. You must intentionally misbehave. ... The high standard would clearly discourage many suits.

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.

The juries you draw in federal courts are more favorably inclined to institutional defendants.

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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