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31 Jan 2019, 9:50 am by Friedman, Rodman & Frank, P.A.
If the truck driver is an independent contractor, the contracting company will likely not be held liable for the driver’s actions. [read post]
26 Aug 2024, 5:45 am by Will Newman
And, consistent with the plaintiff’s claim that the defendants conduct was awful, many complaints allege that the defendant intentionally inflicted emotional distress on the plaintiff. [read post]
27 May 2016, 3:30 pm by Joy Waltemath
In the court’s view, this emphasis on the employee’s use of her own leave showed that the defendants did not understand that the FMLA allows paid leave under an employer’s policy to run concurrently with unpaid FMLA leave; but FMLA protections still apply regardless of how the employer designates it. [read post]
26 Jul 2019, 3:50 am by umbrella
However, not every type of incident will lend itself to the business being liable. [read post]
26 Jul 2019, 3:50 am by Fauzan Siddiqui
However, not every type of incident will lend itself to the business being liable. [read post]
4 Sep 2008, 9:55 pm
The quick settlements have left largely unexamined some basic legal questions, such as the legality of the RIAA's investigative tactics, and the question of what proof should be required to hold a defendant liable for peer-to-peer copyright infringement In two cases, judges have ruled that making songs available on a peer-to-peer network does not constitute copyright infringement -- the RIAA has to show that someone actually downloaded the material from a… [read post]
10 Jul 2015, 4:00 am by Howard Friedman
Based on these allegations, I cannot reasonably infer that Defendants failed to try to accommodate Plaintiff's religious beliefs to keep her employed.It thus dismissed the discrimination claim without prejudice.The court also rejected Plaintiff's retaliation claim, holding: "Plaintiff has neither plead that she engaged in protected activity nor alleged a substantial link between any protected expression and her termination. [read post]
30 Aug 2023, 4:10 am by Howard Friedman
 An employer, such as CUNY, however, can be held liable for an employee's discriminatory act where "the employer became a party to it by encouraging, condoning, or approving it"....Legal Insurrection reports on the lawsuit. [read post]
28 Feb 2018, 5:00 am by Daniel E. Cummins
  The landowner Defendant argued that a landowner who retains an independent contractor cannot be vicariously liable for the negligence of an independent contractor or its employees. [read post]
7 Nov 2022, 3:14 pm by DeFrancisco & Falgiatano
In some cases, though, the evidence will be so compelling that the courts will deem a defendant liable as a matter of law, as demonstrated in a recent opinion issued in a New York case arising out of a rear-end collision. [read post]
5 Jun 2015, 10:27 am by Audrey A Millemann
The jury found Cisco liable to Commil and awarded Commil $63.7 million in damages. [read post]
22 Sep 2010, 8:31 am by Jeanne Long
., No. 290895, the Court of Appeals affirmed the trial court’s dismissal of Plaintiff’s negligence claim because the police investigation was the proximate cause of Plaintiff’s injuries, not Defendants inaccurate report to the police that Plaintiff was the person who had exposed himself. [read post]
31 Jul 2011, 7:12 pm by nyinjuries
  The court held that the evidence in this case supports the inference that by shocking decedent when he was in an asystolic condition and by failing to timely administer the appropriate cardiac medications, defendants diminished decedent’s chances of recovery and may have further damaged decedent’s heart. [read post]