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31 May 2021, 5:55 pm
” The policy element of proximate cause limits liability based on the foreseeability of the injury—according to D.C. courts, a defendant may not be held liable if the chain of events that led to the plaintiff’s injury was “highly extraordinary in retrospect. [read post]
31 May 2021, 8:21 am
City of Pittsburg, 119 Pa.Super. 189, 180 A. 733, which the Pennsylvania Supreme Court felt justified a jury verdict finding the negligence of the defendant was the proximate cause of the death of plaintiff’s decedent: The plaintiff’s decedent sustained an injury to his knee due to defendant’s negligence. [read post]
29 May 2021, 11:16 am
" Account stated is claim where the creditor must show that the defendant received billing statements and didn't object to them. [read post]
28 May 2021, 3:33 pm
However, you must demonstrate to a judge that there is a plausible link between your injury and the defendant’s actions. [read post]
28 May 2021, 1:47 pm
The defendant’s breach of this duty. [read post]
28 May 2021, 6:39 am
Unicolors sued for infringement, and a jury found H&M liable for willful infringement. [read post]
27 May 2021, 11:10 am
In California, if a defendant is not within the vertical chain of distribution, a defendant may still be held liable if the defendant received a direct financial benefit from the sale of the product and its activities, the defendant’s role was integral in bringing the product to the market, and the defendant controlled or had a substantial ability to influence the manufacturing or distribution process. [read post]
27 May 2021, 6:28 am
The court laid out a framework that it then used to hold subsidiary LLCs liable for an appraisal judgment that stockholders held against the LLCs’ member. [read post]
26 May 2021, 4:24 pm
In other words, whether a defendant is deemed liable for medical negligence typically depends on which expert’s testimony the judge or jury finds more compelling. [read post]
26 May 2021, 4:09 pm
By virtue of art. 7(1) DCCP, if the Dutch court with jurisdiction to hear the claim against one defendant (in this case this is the Royal Dutch Shell), has also the jurisdiction to hear the claims against co-defendant(s), ‘provided the claims against the various defendants are connected to the extent that reasons of efficiency justify a joint hearing’. [read post]
26 May 2021, 4:07 pm
Rather, the defendant must have retained control over the methods and operative details of the vendor’s job. [read post]
26 May 2021, 3:03 am
In light of the Court’s refusal to strike out this ground of challenge, the issue of whether the defendants remained liable for business rates whilst the leases were in effect was held to require examination at trial. [read post]
26 May 2021, 2:00 am
Documenting an employee’s shortcomings, warnings, counselings, and other issues can be vital in defending a company against such claims. [read post]
25 May 2021, 5:19 pm
appeared first on Law Offices of Jay S. [read post]
25 May 2021, 10:46 am
As a result, any FCRA liability for that data seems inconsistent with Section 230’s rule that electronic databases aren’t liable for third-party content. [read post]
25 May 2021, 4:45 am
Relying on the Oxford dictionary definitions of “willful” and “misconduct,” the court set this standard: “A plaintiff can show that a defendant is liable for willful misconduct if the evidence establishes that the defendant intentionally or deliberately engaged in improper behavior or mismanagement, without regard for the consequences of his acts or omissions. [read post]
24 May 2021, 1:14 pm
Now, any plaintiff may bring a civil conspiracy action against any defendant—even for lawful, non-tortious conduct—and the law imposes no meaningful standards on courts and juries by which they must judge the defendant's conduct. [read post]
24 May 2021, 10:09 am
In order to prove the defendant liable, all four of these steps need to apply. [read post]
24 May 2021, 9:52 am
In order to prove the defendant liable, all four of these steps need to apply. [read post]
23 May 2021, 9:38 pm
" It stems from the law's longstanding recognition that "attorneys are authorized to practice their profession, to advise their clients and interpose any defense or supposed defense, without making themselves liable for damages. [read post]
