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17 Dec 2020, 4:04 am
This is in contrast with an ordinary lawsuit, where the plaintiff is generally not liable for the defendant’s damages caused by an injunction, even if the injunction is later lifted. [read post]
16 Dec 2020, 9:53 am
The Hungary plaintiffs continue that abstention, even if it is within the court’s discretion, is not appropriate here because the United States’ has a clear foreign-policy interest in providing justice to Holocaust survivors where the Defendant State has failed to establish a mechanism for resolving such claims. [read post]
16 Dec 2020, 8:05 am
Defendant LandCare is paying Law Firm 2’s fees. [read post]
16 Dec 2020, 6:51 am
Facts of the Case In a medical malpractice case arising in the Supreme Court of Bronx County, the plaintiff mother sought to hold the defendant city hospital liable for alleged professional negligence. [read post]
16 Dec 2020, 3:00 am
The Court disagreed with plaintiff’s takings claim and dismissed in favor of defendants. [read post]
15 Dec 2020, 5:34 pm
The court granted the defendant’s motion, and the plaintiff appealed. [read post]
15 Dec 2020, 8:30 am
This sort of heckler's veto is inconsistent with Georgia law, which generally does not hold businesses liable for behavior of third parties that it cannot control, and which generally requires a showing that a nuisance was proximately caused by defendants rather than by the supervening acts of third parties. [read post]
15 Dec 2020, 6:09 am
In that case, the plaintiff was working on a trailer manufactured by the defendant. [read post]
15 Dec 2020, 5:00 am
Second, the plaintiff’s claim must have arisen out of or relate to the defendant’s activities in the forum state or directed toward the forum state. [read post]
14 Dec 2020, 3:13 pm
There may be any number of issues that develop during the course of litigation, such as who was negligent and whether any defendant’s employer should be held vicariously liable. [read post]
14 Dec 2020, 2:34 pm
At the lower court, the defendant argued that they should not be held liable for the decedent’s death because the decedent knowingly struck a pregnant female on their property, committing a crime. [read post]
14 Dec 2020, 8:15 am
When a contractor’s actions cause an accident, however, there is a question of liability on the company’s part. [read post]
14 Dec 2020, 6:41 am
In replaced it with four criteria that must be met in order to grant a defendant’s motion to dismiss. [read post]
13 Dec 2020, 10:30 pm
As such, the snowmobile club’s Motion for Summary Judgment was denied. [read post]
12 Dec 2020, 5:49 pm
But if the plaintiff can show that it is more likely than not that the defendant had the last clear chance to avoid the accident, then the plaintiff’s negligence is overlooked, and the defendant is liable for damages. [read post]
11 Dec 2020, 1:45 pm
The Federal Rules of Evidence protect criminal defendants from certain types of evidence in the prosecution’s case-in-chief, such as evidence of a defendant’s violent character. [read post]
11 Dec 2020, 3:11 am
The judge found that the Defendant’s expert was unduly critical of EP 702, yet forgiving of similar shortcomings in the prior art. [read post]
10 Dec 2020, 11:32 am
Under this theory, defendants may still be liable, even if they engaged in all possible steps to ensure that the defect did not occur. [read post]
10 Dec 2020, 7:44 am
The Board’s categorical exclusion of Music Choice’s transmissions from the grandfathered rate conflicted with the unambiguous statutory language, though the board had discretion to determine whether partsof Music Choice’s current service offering, which includes mobile applications and internet-exclusive channels, should be excluded from the grandfathered rate. [read post]
10 Dec 2020, 6:43 am
In one circumstance, that protection extended even to an online platform that recommended terrorist content to a user based on that user’s preferences. [read post]
