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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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As a product liability professional, it is important that you know what Finite Element Analysis (FEA) can do for you. If you don't, your adversary might. Whether you serve plaintiffs, defendants or both, you're probably already familiar with FEA. Simply put, if a loss, injury or death is due to something bending or breaking, FEA can help explain the failure. An experienced FEA expert can determine the stresses and displacements in the failed part. When compared to industry standards, earlier designs and competitive designs, this often identifies the cause of failure, and hence the responsible party. As in any field, your choice of an expert is important in making your case.
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