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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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