Search for: "Liable Defendant(s)"
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10 Sep 2021, 9:03 pm
Raghavan and his coauthors explain that employers can defend themselves in discrimination cases by justifying the disparate impact as a business necessity, but they will still be liable if plaintiffs produce an alternative business practice with less adverse impact. [read post]
10 Sep 2021, 11:19 am
The jury found in favor of the defendant, deeming the defendant thirty percent liable and the plaintiff seventy percent liable for the fall. [read post]
10 Sep 2021, 11:19 am
The Plaintiff’s Injuries Reportedly, the plaintiff attended a funeral service at the defendant’s cemetery. [read post]
10 Sep 2021, 9:54 am
In a defensive posture, rights-holders violate the law by engaging in the prohibited activity, get sued, and raise the constitutional invalidity of the law as a defense, arguing that they cannot be liable under a constitutionally invalid law; if successful, the court in the enforcement action dismisses the suit or enters judgment in favor of the rights-holder defendant. [read post]
10 Sep 2021, 7:32 am
They alleged that competitors sell products with “significantly more product” than Defendant, which “lead[s] consumers to the reasonable assumption that [Defendant’s products] contain the same amount of mix. [read post]
10 Sep 2021, 3:56 am
In the subject case, the plaintiff alleged that the defendant supervisor and manager were liable for her emotional distress because they failed to enforce the restaurant’s drug policy, and such omissions caused the decedent’s death and the plaintiff’s resulting emotional trauma. [read post]
9 Sep 2021, 9:25 pm
The plaintiff, the representative of the decedent’s estate, filed a malpractice lawsuit against the defendant facility. [read post]
9 Sep 2021, 10:17 am
In a Maryland negligence claim, a plaintiff must show that a defendant had a legal duty to the plaintiff, the defendant failed to meet that duty by acting or failing to act in some way, the defendant’s wrongful act caused the plaintiff damages, and the plaintiff suffered damages. [read post]
9 Sep 2021, 9:57 am
This contrasts with the traditional “vertical” form, where a corporation’s owner may be held liable for judgments against it when equity requires. [read post]
9 Sep 2021, 8:39 am
The court held that corrections officials are not entitled to qualified immunity from the claim for damages stemming from a violation of 1st Amendment rights, saying in part:Plaintiff’s allegations are sufficient to show the MDOC Defendants were “on notice” that their policy violates a Muslim woman’s right to freely exercise her religion. [read post]
8 Sep 2021, 8:04 pm
The Court’s Opinions Everyone agrees that defamation is a strict liability tort (i.e., the defendant’s knowledge of the content’s defamatory character is irrelevant) and “publication” is a required element of the plaintiff’s prima facie case. [read post]
8 Sep 2021, 2:49 pm
Thus, neither exception applies, and New Nello Operating Company is not liable for Nello Corporation’s debt to CompressAir. [read post]
8 Sep 2021, 12:53 pm
” Both cases should address the threshold requirement of whether the claimants seek to hold the opioid distributors liable “because of” opioid-related bodily injury. [read post]
8 Sep 2021, 11:14 am
Broader implications for social media users Today’s ruling may mean if you post something to a social media platform and encourage or invite third party comments, you could be liable for any comments that follow. [read post]
8 Sep 2021, 10:38 am
In other cases, whether a nonprofit can indemnify its agents may depend on: (1) the indemnification provisions in the organization’s governing documents (e.g., articles of incorporation, bylaws) or (2) the board’s discretion, to the extent it’s consistent with the organization’s governing documents. [read post]
8 Sep 2021, 7:14 am
This is because you have the burden of proving that the defendant is liable and that you deserve compensation for the injury suffered. [read post]
8 Sep 2021, 6:54 am
According to the SEC’s press release: According to the SEC’s complaint, Ripple; Christian Larsen, the company’s co-founder, executive chairman of its board, and former CEO; and Bradley Garlinghouse, the company’s current CEO, raised capital to finance the company’s business. [read post]
8 Sep 2021, 4:33 am
“Plaintiff alleges that defendants erroneously advised plaintiff that it was liable for NewYork City unincorporated business tax (UBI), and plaintiff paid that tax in reliance upon defendants’ advice, as reflected in the returns prepared by defendants, starting with Helzen’ s incorporation in 2002. [read post]
7 Sep 2021, 12:00 pm
Defining fault in an injury claim requires demonstrating that the defendant’s actions were negligent. [read post]
6 Sep 2021, 11:52 am
Moreover, the broader statutory framework suggests that the Kik court’s reading of FOSTA improperly adopted the most restrictive possible reading of that provision when there is an equally (or more) plausible reading of the plain language of FOSTA… The implication of [the Kik] reading is that a sex trafficking victim who seeks to impose civil liability on an ICS provider on the basis of beneficiary liability faces a higher burden than a victim of sex trafficking who seeks to… [read post]
