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10 Mar 2021, 3:00 pm
  (Though he wins on an ancillary point about the contractor's surety also being liable for the reduced fee award.)It's an otherwise routine case about a party who massively overlitigated the case below and so gets a reduced fee award. [read post]
9 Mar 2021, 4:14 pm by Josh Blackman
To this day, people disagree about whether this provision includes only statutory crimes, or wrongs specifically related to the duties associated with the impeachment defendant's position, or both. [read post]
9 Mar 2021, 6:38 am by Luke Burton
The district court accepted the parties’ invitation to follow Mross, and concluded—consistent with Mross’s requirement that a plaintiff plead not only that a defendant knew of the defect, but also knew of the safety risk posed by that defect—that plaintiffs’ claims had to be dismissed. [read post]
9 Mar 2021, 4:05 am by Howard Friedman
Therefore, if Defendants violated CADA here, they have not shown that their freedom of speech would be violated by holding them liable. [read post]
8 Mar 2021, 11:33 am by April Cassidy
In these cases, the employer is liable for the employee’s wrongful acts. [read post]
8 Mar 2021, 5:13 am by Franklin C. McRoberts
The Claims Morse, pro se, sued Cohen, whom she alleged to be LoveLive’s Chief Executive Officer and sole Director, alleging a single cause of action against him, styled as one for “Director Liability under BCL § 1006 and NY Doctrine,” alleging that LoveLive “informally dissolved without undertaking formalities” required by statute; “liquidated various material assets after its informal dissolution;” “never produced an accounting of assets… [read post]
7 Mar 2021, 12:05 pm by Kevin LaCroix
  In two May 2019 rulings, discussed here, Judge Davis ruled on two further motions for summary judgment, the first granting the insurer’s motion for summary judgment on the Dole defendants’ bad faith counterclaim, and the second denying the insurers’ summary judgment motions, among other things, on consent to settlement and cooperation clause issues. [read post]
7 Mar 2021, 8:59 am by Lee E. Berlik
Apr. 6, 2011), which held that “defendants can be held liable for defamation when a negative characterization of a person is coupled with a clear but false implication that the author is privy to facts about the person that are unknown” to the listener. [read post]
5 Mar 2021, 12:30 pm by John Ross
But to secure a conviction the government had to prove the defendant knew the land was "water. [read post]
5 Mar 2021, 11:12 am by Mark Hartsoe
In many cases, both the manufacturer and the seller of the product are named as defendants, and sometimes there are other potentially liable parties as well. [read post]
5 Mar 2021, 10:56 am by Parks, Chesin & Walbert
The hearing officer upheld the plaintiff’s termination, holding that there was substantial evidence to support the defendants decision to terminate the plaintiff’s employment. [read post]
5 Mar 2021, 10:30 am by John C. Manoog III
The plaintiff’s complaint alleged that the defendant medical providers (which included a nurse practitioner and the physician who employed her) were liable for the decedent’s death on several theories, including negligence, failure to obtain informed consent, and loss of consortium. [read post]
5 Mar 2021, 10:11 am by Michael Grossman
Punitive damages are a special type of damages only available when a defendants intentional or malicious actions caused an accident and resulting harm. [read post]
4 Mar 2021, 5:28 pm by Phillips & Associates
The defendant co-worker filed a counterclaim for defamation, and included statements made in the plaintiff’s complaint as part of the allegedly defamatory speech. [read post]
4 Mar 2021, 4:09 pm by INFORRM
These can only be imposed after a defendant has been convicted of a criminal offence, and are meant to discourage future crime. [read post]
Sun sued defendant Fike under the CFA for alleged misrepresentations related to Sun’s purchase of an explosion-suppression system. [read post]