Survival Of The Fittest — Aspen Skiing

Law360, New York (April 20, 2011, 2:34 PM EDT) -- In his April 11 editorial, Leiv Blad compares the U.S. Supreme Court’s 1985 decision in Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585 (1985) to a cockroach that refuses to die. In many ways, Mr. Blad is correct.

Despite all efforts to kill it, the Aspen Highlands decision has survived for the simple reason that it provides a comprehensible, flexible and relatively bright line rule. Like the cockroach, it is designed to survive. Instead of trying to stamp out Aspen Highlands once and...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.