Questions on New York's Neumeier Rules
1) Don't the problems with
the Neumeier rules show that it is better to simply use the more unconstrained
interest analysis approach?
2) One of the most important issues in Edwards
is the connection between the rules applying to the bus defendants' and
the tractor-trailer defendants' liability. Shouldn't there we a uniform
3) Is it true that laws concerning contribution are loss-allocating rather than
conduct regulating, as the court claims in Cooney?
4) What is the
relevant injury in Cooney for application of the second Neumeier rule? Is it
Cooney’s injury? Or is it Osgood's loss that is the source of the impleader
against Mueller? Is there any reason to think that rules created for guest
statutes are likely to work here?
5) Isn't it odd that MO law is applied
to someone with no connection to MO? Isn't that unconstitutional? But wouldn't
it also be unconstitutional to apply NY law to Mueller?