Search for: "Liable Defendant(s)"
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28 Mar 2024, 9:20 am
Rather, these claims seek to hold Apple liable for its own representations concerning the App Store and Apple’s process for reviewing the applications available there. [read post]
28 Mar 2024, 7:42 am
” A defendant is not liable if it can show that (1) it is a provider of “interactive computer services” as defined by the statute, (2) the claim relates to “information provided by another content provider,” and (3) the claim seeks to hold defendant liable as the “publisher or speaker” of that information. [read post]
27 Mar 2024, 6:57 am
As such, an insured’s unexcused delay in providing notice relieved the insurer of its duties to defend and indemnify the insured. [read post]
27 Mar 2024, 3:33 am
The point of these definitional conflicts is to protect the vulnerable defendant at the expense of the landlord, who is presumptively greedy and more likely evil than not. [read post]
26 Mar 2024, 7:17 pm
(NJ Transit).Joseph filed a workers’ compensation action against NJ Transit and a third-party action against the tortfeasor involved in the accident (the “underlying action”).NJ Transit’s workers’ compensation insurance carrier notified Joseph of its legal right to recover all money paid on his workers’ compensation claim from the third-party potentially liable for his injuries.IssueThe employer (NJ Transit) challenged a trial court order that… [read post]
26 Mar 2024, 3:37 pm
Under joint and several liability, the law determines which defendants can be held responsible for the damages caused by the accident. [read post]
26 Mar 2024, 11:34 am
As such, incontrovertible certainty of each element for the crime(s) charged is required to find the defendant(s) guilty in criminal trials because the punishment assigned following a conviction can severely limit or effectively eliminate the defendant’s freedom. [read post]
26 Mar 2024, 9:03 am
In an action of this kind, it must be shown that the defendant intended to cause a separation between the plaintiff and the plaintiff's spouse. [read post]
26 Mar 2024, 2:38 am
The successful claimant in knowing receipt has against its defendant remedies requiring the defendant to account as a trustee of the property. [read post]
25 Mar 2024, 12:09 pm
All rights have accrued; the insurer is either liable under the terms of its policies for the judgment entered against its insured or it is not. [read post]
25 Mar 2024, 7:30 am
Furthermore, even if a victim acted negligently, it might not matter, depending on the defendant’s actions. [read post]
25 Mar 2024, 6:43 am
Often the answer is not just the defendant who directly caused a harm, but another richer defendant that the law holds liable as well. [read post]
25 Mar 2024, 5:01 am
That Sidar has already been found liable for raping Doe and that further proceedings will be limited to determining the damages he must pay significantly reduces any "risk of unfairness to" Sidar resulting from Doe's continued anonymity. [read post]
25 Mar 2024, 2:13 am
On 20 March 2024, Steyn J handed down judgement in the defendant’s application to strike out the claim in the case of Bridgen v Hancock [2024] EWHC 623 (KB). [read post]
24 Mar 2024, 11:03 am
Ms S then had to live in temporary accommodation which was some distance away and for which she had to pay towards the rent, while remaining liable for the rent on the flat. [read post]
23 Mar 2024, 10:00 am
Another reminder that Section 230 routinely applies to contract and promise-based claims when the goal is to hold the defendant liable for third-party content. [read post]
23 Mar 2024, 9:34 am
See also: Utah has a brand new law that regulates generative AI How will Microsoft defend itself in the New York Times lawsuit over OpenAI technology? [read post]
23 Mar 2024, 3:29 am
Consequently, the court affirmed the trial court’s judgment, as the plaintiff couldn’t demonstrate proximate cause connecting his injuries to the defendant employer’s conduct Talk to a Dedicated Texas Car Accident Attorney People often cause car crashes when they are working, and in some instances, their employer may be deemed liable for any losses that ensue. [read post]
22 Mar 2024, 5:31 pm
After two Australian mining companies brought defamation suits against environmental lawyers, community activists and a social worker (“the defendants”), the defendants filed a special plea, arguing that the defamation cases constituted SLAPP suits. [read post]
22 Mar 2024, 11:38 am
foreclose a state law negligence action making a leader of a protest demonstration personally liable in damages for injuries inflicted by an unidentified person’s violent act, when it is undisputed that the leader neither authorized, directed, nor ratified the perpetrator’s act, nor engaged in or intended violence of any kind. [read post]