Latest News from the Office

A discussion of the latest developments in law that we find interesting.

Published Again

Over the last year, while there has not been much activity here, I have seen two of my writings published. The first is one-of-many Peach Sheets that was co-authored. The second was my student Note.

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A MODEST PROVISION: (ANTI-)SANDBAGGING - Part V

II. Is a Change Needed?While only a small sample of states have been surveyed to this point, it quickly becomes clear that the few states that have determined if reliance is a required element for a breach of warranty claim do not agree with each other.

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A MODEST PROVISION: (ANTI-)SANDBAGGING - Part VI

III. The Proposed RuleWhile Whitehead argues that the default rules should favor an anti-sandbagging regime, the mere fact that the parties are not incentivized to bargain for a sandbagging or anti-sandbagging provision is not reason enough to upset the balance of the negotiated terms.

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A MODEST PROVISION: (ANTI-)SANDBAGGING - Part IV

C. Delaware 1. Delaware’s Express Warranty StatuteWhile the California court rejected the idea of using the language from the Uniform Commercial Code,[1]the New York court based its analysis on this section.

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