Search for: "Liable Defendant(s)"
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2 May 2011, 7:00 am
Under well-established California law, the occasional seller of used equipment is not strictly liable for the sale of a defective product. [read post]
2 Oct 2017, 7:17 am
The successor admitted discussing some of the failing firm’s litigation but denied knowing of an employee’s sexual harassment claim until it was named as a defendant in her Title VII suit. [read post]
27 Sep 2015, 11:32 am
At the end of the defense’s case, the defendant moved for a directed verdict under CPLR 4401. [read post]
6 Aug 2021, 7:54 am
The Plaintiff’s Harm It is reported that in May 2015, the plaintiff consulted with the defendant dental center about having his wisdom teeth removed. [read post]
29 Dec 2016, 7:36 am
The parts include: “(1) the reasonable foreseeability of the injury, (2) the likelihood of the injury, (3) the magnitude of the burden of guarding against the injury, and (4) the consequences of placing that burden on the defendant. [read post]
3 Dec 2010, 8:28 am
This scenario plays out most commonly in accidents where the defendant's responsibility is certain. [read post]
17 Nov 2014, 1:24 pm
A plaintiff need not plead or prove actual fraud in order to pierce the corporate veil, but must allege that the individual defendant's control of the corporate defendant was used to perpetrate a wrongful or unjust act toward plaintiff. [read post]
5 Sep 2007, 6:53 pm
They also argued that Video Only’s claims against them in their capacity as a registrar of domain names should be dismissed on the ground that Ninth Circuit courts do not hold registrars liable for the kinds of claims Video Only asserted. [read post]
28 Jul 2009, 6:31 am
As to claims brought under Nevada's wage and hour laws, the Court of Appeals, relying on the Nevada Supreme Court's opinion, held that individuals cannot be held liable. [read post]
10 Dec 2019, 4:32 am
Plaintiffs contend that the special relationship arose from an interaction with defendant in which they relied on defendant’s expertise as to coverage. [read post]
27 Apr 2020, 1:15 pm
When there are multiple defendants or causes for the plaintiff’s injuries, plaintiffs must also be able to prove that the defendant’s negligence was a “substantial contributing” factor to their injuries. [read post]
25 Oct 2013, 8:37 am
If the driver’s reaction to that was rude or offensive, then the Defendant could have reported him. [read post]
23 Feb 2009, 1:51 pm
Bement, 36 Cal.4th 1075 (2005), it has been fairly well settled that individuals cannot be personally liable for their corporate employer’s violation of state wage and hour laws. [read post]
7 Feb 2019, 4:00 am
Citing Quigley v City of Auburn, 267 AD2d 978, the court observed that "It is well settled that such actions by a civilian complainant . . . do not render the complainant liable for . . . malicious prosecution. [read post]
5 Nov 2010, 6:45 am
The defendants argued that they were not on risk as a result of a material non-disclosure; or, in the alternative, they were not liable as a result of several breaches of warranty by the insureds. [read post]
N.D. Cal. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. YouTube Schedule A Defendants
21 Jan 2024, 8:13 am
The court rejects a standard joinder argument used by SAD Scheme plaintiffs: Plaintiff does not allege each defendant is jointly, severally, or in the alternative liable for the infringement of another defendant arising out of the same transaction, occurrence, or series of transactions or occurrences. [read post]
28 Dec 2018, 7:56 am
The defendant argued that the plexiglass barrier was an open and obvious hazard, and therefore, it was not liable for the plaintiff’s injuries. [read post]
15 Mar 2013, 12:00 am
The Federal Circuit highlighted its precedent in Akamai noting that a lone defendant can still be liable for induced infringement.In Radio Sys. [read post]
16 Feb 2015, 1:49 pm
Employers can better defend against wage and hour claims if they routinely audit the practices of all supervisory personnel and ensure that their actions are in accordance with the company’s policies and procedures. [read post]
18 Jan 2011, 12:15 pm
Mueller Co., 142 Cal.App.4th 636, 645-49 [47 Cal.Rptr.3d 832] (2006) (reversing summary judgment in favor of defendants).[4] Mueller held, notwithstanding a scathing dissent, that the parent and great-grandparent corporations of a subsidiary corporation that allegedly intentionally submitted false claims could be liable as beneficiaries. [read post]
