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3 Feb 2021, 2:17 pm by DeFrancisco & Falgiatano
If a defendant meets this burden, the plaintiff must then submit evidentiary proof or materials to defeat the defendants assertions. [read post]
3 Feb 2021, 9:35 am by Thomas Urban
Similarly, delays in civil jury trials have created an enormous backlog of cases, denying injured parties from being able to hold persons who have damaged them liable, while also preventing defendants who have been wrongly accused from being able to have their day in court to prove their innocence of any liability. [read post]
3 Feb 2021, 2:00 am by Robert Kreisman
Shah predicted that the Illinois Supreme Court would answer this question by focusing on the exceptions to the general rule that a corporation that purchases another company’s assets is not liable for the seller’s debts. [read post]
2 Feb 2021, 4:07 pm by Peter J. Brown and Jennifer Pelagi
Accordingly, employers should carefully consider the clear guidance provided in Dynamex in classifying independent contractors to avoid litigation or defend against it. [read post]
1 Feb 2021, 2:33 pm by Second Circuit Civil Rights Blog
" We then then ask if the defendant subjectively acted with deliberate indifference to the plaintiff's rights. [read post]
1 Feb 2021, 8:49 am by Searchbloom
When this happens, the dog’s owner is usually liable—but this can be a tricky area because the exact laws depend on the state. [read post]
1 Feb 2021, 7:40 am by Jeffrey P. Gale, P.A.
Gale, P.A. // Dealing With Defendants Formal Bankruptcy Proceedings During Pending Personal Injury Case appeared first on Florida Injury Attorney Blawg. [read post]
1 Feb 2021, 5:00 am by Daphne Keller
They hold liable “every person who, having knowledge” that such wrongs are about to be committed, and “having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do. [read post]
1 Feb 2021, 3:08 am by Frank Weberndörfer
In addition, a flu vaccination was a measure to protect the individual‘s health, which the defendant was not obliged to provide and which also had no other connection with the plaintiff’s work performance. [read post]
31 Jan 2021, 12:07 pm by Michael Cannan
A driver who fails to use care around motorcyclists may face liability for an operator’s and/or a passenger’s damages in the event of a crash. [read post]
31 Jan 2021, 8:56 am by Eric Goldman
Defendants are private companies and not state actors, and thus cannot be held liable under 42 U.S.C. [read post]
30 Jan 2021, 6:35 am by David J. Halberg, Esq.
A defendant claiming comparative fault asserts that the facts mitigate when the plaintiff alleges is unlawful conduct, and reduces a defendants liability to pay. [read post]
30 Jan 2021, 4:56 am by Sophia Tang
If the prohibition order does not bind the third state’s party, it is doubtful that such third state’s party is liable for not complying with the prohibition order. [read post]
The BGH remanded the Higher Regional Court’s decision on the basis that the defendant should also be held liable for the war crime of torture, and tasked the Higher Regional Court with sentencing the Afghan officer accordingly. [read post]
29 Jan 2021, 11:21 am by David Greene
Were ethical codes to become the standard of care, journalists could bear legal liability any time they failed to follow an ethical rule, and, even worse, have to defend a lawsuit every time their compliance with an ethics rule was even a question. [read post]