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· 6/23/2009

Cunningham v. Masterwear Corp.

Citations

  • 569 F.3d 673
  • 2009 U.S. App. LEXIS 13365
  • 2009 WL 1751429

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “an officer’s otherwise reasonable conduct 17 may be objectively unreasonable when the officer knows of an arrestee’s medical problems”
  • rejecting this approach because the expert would have to know \the specific dangers\ that caused the regulatory agency \to pick the safe level it did\
  • agreeing with plaintiffs that it was “highly likely” that contamination caused by defendants “would make the market value” of their property fall, but affirming dismissal of the case where plaintiffs failed to offer admissible evidence of diminished market value
  • \The testimony about what the real estate agent thought the property worth and what prospective buyers had told the agent would have been inadmissible hearsay.\
  • expert testimony properly excluded where expert presented no evidence or scientific literature to link level and duration of exposure to alleged symptoms
  • property owners may testify to the value of their property providing they have some factual basis for their valuation

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Manion, Kanne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.