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  The Court also confronted the SEC’s practice of holding multiple defendants jointly and severally liable for disgorgement, a practice that was at odds with traditional equitable principles. [read post]
24 Jun 2020, 10:43 am by Michael Cannan
Negligent parties are liable for injuries caused by defective or dangerous products, which means those parties are financially responsible for injuries caused by these products. [read post]
24 Jun 2020, 8:34 am by Paul Stern
The statute read, “If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest. [read post]
24 Jun 2020, 7:20 am by Cameron Kerry, John B Morris, Jr.
Roger Wicker’s draft United States Consumer Data Privacy Act (USCDPA), and the House Energy & Commerce Committee’s “bipartisan staff discussion draft. [read post]
23 Jun 2020, 9:05 pm by Dan Flynn
“The problem with this policy standing alone is that while a company would avoid criminal prosecution, it still faced enormous civil liability—under the civil antitrust laws, defendants are jointly and severally liable for treble damages for the entire effect of the conspiracy. [read post]
23 Jun 2020, 4:25 pm by INFORRM
Lexology has an insightful piece dissecting India’s approach to data protection. [read post]
23 Jun 2020, 3:35 pm by John Jascob
In this case, two defendants in a civil enforcement action challenged a district court's order that they disgorge almost $27 million raised from investors in an EB-5 fraud scheme. [read post]
23 Jun 2020, 3:09 pm by Foran & Foran, P.A.
A Maryland wrongful death action may be brought by the decedent’s surviving family members against the party or parties who are liable for their death. [read post]
§ 78u(d)(5) to the extent the disgorgement is limited to the defendants net profits gained from the defendants unlawful conduct. [read post]
22 Jun 2020, 2:28 pm by Mark Hartsoe
In cases in which a negligent driver was acting in the course and scope of his or her employment at the time of a serious East Tennessee car accident or fatal crash, the driver’s employer can be held vicariously liable for the harm that befell the accident victim. [read post]
22 Jun 2020, 1:45 pm by Nedim Malovic
The court also rejected a number of additional trade mark objections raised by the defendants.CopyrightThe Patent and Market Court of Appeal also found the defendantsliable for copyright infringement after having completed a veritable copyright litigation 101-obstacle course. [read post]
22 Jun 2020, 6:22 am by Richard Hunt
To say that no individual can be liable for retaliating against a person advocating for the disabled doesn’t really make sense. [read post]
21 Jun 2020, 9:19 pm by Kevin LaCroix
  In a recent decision, the Ninth Circuit declined to apply duty to defend principles to interpret a D&O insurer’s duty to advance, holding that the insurer’s duty to advance extended only to actually covered claim and not to potentially covered claims as would be the case under a duty to defend policy. [read post]
21 Jun 2020, 1:18 pm by Dan Bressler
The defendants had argued there was an “inherent conflict” in allowing the affidavit, but the Court of Appeals said the lawyer who wrote it met all the requirements of the law. [read post]
21 Jun 2020, 7:08 am by Jonathan F. Marshall
Facts of the Case Reportedly, the defendant took merchandise from his employer’s warehouse without permission. [read post]
20 Jun 2020, 3:01 pm
On July 18, 2016, Smith brought the instant suit against Kelley in the Superior Court, seeking a declaratory judgment that Kelley was personally liable for the P.C.'s liabilities as a successor in interest to the P.C. [read post]
20 Jun 2020, 12:17 pm by Robin Frazer Clark
One important aspect of many personal injury cases is the duty of care that the defendant owed at the time of the plaintiff’s injury. [read post]