Archive for January, 2010

Judge Posner Considers the Distinction between Liability for Contract and Liability for Fraud (2010-1-30)

Judge Richard A. Posner of the Seventh Circuit Court of Appeals contributed his thoughts at a symposium on the rationale for liability for breach of contract.  One of his points is a sound analytic distinction between tort liability and contract liability, a concept which is sadly muddled in California cases. Writes Judge Posner, “Here is […]






Differentiating The Duties Owed by Agents (2010-1-24)

Prof. Deborah A. DeMott from Duke University School of Law has written a thoughtful article in which she differentiates among the fiduciary duties owed by agents.  Prof. Demott begins as follows: “Legal theorists differ on how best to characterize fiduciary duty; to some, it’s best understood as a consequence of contract – as a set […]






Le vs. Pham – Careless Reasoning in Sale of a Pharmacy (2010-1-18)

The Fourth District Court of Appeal held in Le vs. Pham,  2010 DJDAR 297 (January 6, 2010) “that where the bylaws of a pharmacy corporation provide that one stockholder must give another a right of first refusal on the sale of any stock, it is a breach of fiduciary duty for the selling stockholder to […]






2010 Consumer Electronic Show (CES) (2010-1-10)

I attended the annual Consumer Electronics Show for the 6th time in the past seven years.  Here are my observations. Attendance was steady.  Gambling is up.  There were more people at the tables than last year. That’s two good signs for the economy. But, the Fortune 500 stayed away, which is a bad sign for […]






2007 – Where is the Economic Pain? (2010-1-1)

I read a recent article in the Consumer Finance Law Quarterly Report about bankruptcy filings after the 2005 reform act.  The author (Jon Ann H. Giblin) compared 2006 filings with 2007 filings (in her table). I asked myself – Which states have more filings, on a percentage basis?  (This, of course, begs the question of […]