Tuesday, December 20, 2005

No wonder we're in trouble. We're running out of "reasonable Observers"!

Quoting from the Dover PA decision:

"In elaborating upon this “reasonable observer,” the Third Circuit explained in Modrovich, 385 F.3d at 407, that “the reasonable observer is an informed citizen who is more knowledgeable than the average passerby.” Moreover, in addition to knowing the challenged conduct’s history, the observer is deemed able to “glean other relevant facts” from the face of the policy in light of its context."

No comments: