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7 Oct 2022, 12:30 pm by John Ross
Fourth Circuit: But compensatory damages are only available if the defendants acted with deliberate indifference to the inmate's rights, and the inmate has failed to establish that. [read post]
7 Oct 2022, 5:56 am by Eric Goldman
This case might have qualified for Section 230 because, at its core, the complaint seeks to hold Uber liable for the messaging between and matching of the driver and passengers. [read post]
7 Oct 2022, 3:40 am
As such, because Defendants “exclusive right” to use the GREEN GOO mark on its Pain Relief Salve cannot be disturbed, Plaintiff’s action is barred, and Defendant is entitled to judgment as a matter of law. [read post]
6 Oct 2022, 5:30 am by Public Employment Law Press
" The Appellate Division's decision concludes by observing that [1] Defendants established their prima facieentitlement to judgment as a matter of law by demonstrating that they did not assume a separate special duty of care to protect Student and guard against him committing suicide and [2] Defendants lacked sufficient notice of the possibility of the Student's committing suicide to be liable for a breach of any such special duty. [read post]
6 Oct 2022, 5:30 am by Public Employment Law Press
" The Appellate Division's decision concludes by observing that [1] Defendants established their prima facieentitlement to judgment as a matter of law by demonstrating that they did not assume a separate special duty of care to protect Student and guard against him committing suicide and [2] Defendants lacked sufficient notice of the possibility of the Student's committing suicide to be liable for a breach of any such special duty. [read post]
5 Oct 2022, 6:30 am
Section 15 and Section 20(a) provide that any person who directly or indirectly “controls” another person found liable for a violation of the Securities Act or Exchange Act, respectively, or any regulation thereunder is jointly and severally liable, to the same extent as the controlled person, to any person to whom the controlled person is liable. [read post]
4 Oct 2022, 1:10 pm by John Elwood
Kite Pharma was found liable of infringing Juno Therapeutics’ patent for a method of reprogramming and replicating white blood cells to attack cancer cells. [read post]
2 Oct 2022, 5:12 pm by Aaron Moss
In another order issued shortly before trial, the court ruled that defendants would be “liable for copyright infringement unless they can establish an affirmative defense to their usage. [read post]
2 Oct 2022, 4:59 pm by Gregg Hollander
”  If the plaintiff’s own actions caused or aggravated their injuries, insurance companies or defendants might use this to disprove causation and limit or eliminate the defendants liability. [read post]
2 Oct 2022, 11:01 am by Bryan Hawkins and Robert Sarkisian
  If a claimant were to succeed on these claims, the employer would potentially be liable for damages in the form of lost or future wages, emotional distress damages, statutory penalties, and attorney fees. [read post]
The defendants included some of the major gun makers in the US, such as Smith & Wesson Brands, Barrett Firearms Manufacturing, Beretta USA Corp, Century International Arms and Colt’s Manufacturing Company. [read post]
1 Oct 2022, 11:07 am by Levin Papantonio
"The person can be held civilly liable if violation of the statue causes or contributes to serious bodily injury of the minor. [read post]
30 Sep 2022, 11:33 pm by INFORRM
It was not established by the police investigation that the defendant had editorial control of the comments before their publication. [read post]
30 Sep 2022, 12:30 pm by John Ross
Plaintiffs: And the city is liable because of its policies: pairing rookie cops together on the midnight shift, not training officers that odd-numbered and even-numbered houses are on opposite sides of the street, and more. [read post]
Two key issues were whether a suit against Trump was barred by presidential immunity, which prohibits civil actions against sitting presidents, and whether the defendants’ actions constituted First Amendment-protected activity. [read post]
30 Sep 2022, 4:00 am by Jim Sedor
Stewart Rhodes, who established the Oath Keepers in 2009, and his co-defendants are accused of spending months recruiting, training, and conspiring to use force to prevent the transfer of presidential power to Joe Biden. [read post]