Search for: "Liable Defendant(s)"
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5 Jan 2009, 7:13 am
After a bench trial, a Superior Court judge found Fleet liable for breach of the implied covenant of good faith and fair dealing with respect to the plaintiff's rights under the option to renew the leases because of Fleet's lack of diligence throughout the lease renewal process, and found for both Fleet and the beneficiaries on the plaintiff's other claims, but then withdrew the judgment for the Plaintiffs after a hearing on damages. [read post]
2 Jun 2018, 3:36 pm
ARE Accessories, LLC When is a product’s use “foreseeable” to the manufacturer? [read post]
10 Dec 2013, 2:13 pm
Because no evidence was presented to sustain that the veterinarian had actually committed professional malpractice, the Court found both defendants liable for offending the veterinarian’s honor and for damaging his professional reputation. [read post]
21 Mar 2024, 7:30 am
Your medical records will also be important when it comes time to show that the defendant’s negligence caused your injuries. [read post]
17 May 2010, 12:21 pm
It reasoned that Robinson had failed to show that he was similarly situated to his co-defendant, finding no basis for concluding that the district court viewed co-defendant’s conduct similarly to Robinson's in terms of victims, particularly because the enhancement resulted from his being responsible for the previously mentioned checkcasher’s conduct as well. [read post]
13 Apr 2022, 7:02 am
Your lawyer must prove that the bartender, server, or other responsible staff member should have been aware of the defendant’s level of intoxication and cut them off instead of continuing to serve them. [read post]
5 Aug 2020, 8:00 am
This is a verdict in favor of the defendants. [read post]
16 Jun 2017, 9:15 am
The court explained that as a general matter, an owner of a vehicle is only liable for injuries caused by a third party’s use of the vehicle when the third party has the owner’s consent. [read post]
4 Mar 2008, 11:09 am
In Jones, a jury returned a verdict against the employer and an individual defendant supervisor, finding both liable for retaliating against an employee who had made a sexual orientation discrimination complaint. [read post]
21 Apr 2023, 12:12 pm
The court ruled that both owners who violate covenants and owners who unsuccessfully pursue claims that other owners are violating covenants are liable to pay the other party's attorney fees. [read post]
4 Feb 2018, 10:12 am
Trial court granted summary judgment to defendant. [read post]
3 Aug 2018, 5:13 am
The plaintiff was shopping at one of the defendant’s stores, which is located in a larger retail shopping center. [read post]
29 Sep 2014, 3:20 pm
Plaintiffs and defendants should be aware that this case creates possibilities for civil suits against websites previously thought protected by Section 230. [read post]
5 Aug 2021, 5:24 am
The lower court agreed, and granted the defendant’s motion. [read post]
27 Mar 2011, 6:56 am
In order to recover under Article 2321, the plaintiff must prove by a preponderance of the evidence that (1) the defendant had a duty to conform his or her conduct to a specific standard of care (the duty element); (2) the defendant failed to conform his or her conduct to the appropriate standard (the breach of duty element); (3) the defendant’s substandard conduct was a cause-in-fact of the plaintiff’s injuries (the cause-in-fact element);… [read post]
11 Apr 2016, 12:52 pm
To use just one example, if a policyholder is alleged to have assaulted the defendant (an intentional tort), and the insurance policy excludes coverage for bodily injury caused intentionally, the insurer still owes a duty to defend because the policyholder may ultimately be found liable for mere negligence. [read post]
2 Apr 2014, 11:34 am
In finding the bus driver liable Mr. [read post]
10 Mar 2016, 9:17 am
Davis, holding that a truck driver’s employer could properly be held liable for his role in a fatal accident occurring on a narrow bridge. [read post]
11 Feb 2019, 9:49 am
In response to the plaintiff’s claim, the defendant argued that the uneven sidewalk was an open and obvious hazard and that the plaintiff’s case should be dismissed. [read post]
10 Nov 2012, 11:49 am
In order to successfully bring a claim for negligent entrustment, a plaintiff must generally establish that the defendant had a right to control a dangerous instrumentality; the defendant relinquished the right; and the instrument caused an accident or injury. [read post]
