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REPORTING DECISIONS THROUGH FEBRUARY 3, 2006 PENNSYLVANIA STATE COURT DECISIONS 1. CAUSES OF ACTION 1.1. Civil Remedies For Violations of State Constitutional Rights ► Commonwealth Court of Pennsylvania ♦ Jones v. City of Philadelphia No. 795 C.D. 2004 (January 25, 2006) Holding: A city or other local government is not liable for monetary damages under Article I, Section 8 of the Pennsylvania Constitution for a claim of excessive force. Of note is the en banc Court's finding that the plaintiff failed to show that his rights against governmental use of excessive force were not sufficiently protected by the Fourth Amendment. Judge Smith-Ribner filed a dissenting opinion, in which she was joined by Judge
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Many legal professionals are exposed to Finite Element Analysis (FEA) in the courtroom. Having a fundamental understanding of how the method works can help an attorney (i) recognize when FEA can strengthen a case, (ii) choose a capable expert and (iii) develop meaningful challenges to the opposition's expert. As discussed in the last issue of Courtroom FEA, if a loss, injury or death is due to something bending or breaking, FEA can help identify the cause of failure and hence the responsible party. But how does it work? Divide and conquer. But first, let's back up and discuss what is being conquered. FEA is applied to many types of problems, such
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