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Survival Of The Fittest — Aspen Skiing

Law360 (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...
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