Search for: "Liable Defendant(s)"
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26 Jan 2021, 9:07 am
Of all the things that can go wrong when deleting your former employer’s YouTube videos, being liable for vandalism may not be the first thing that comes to mind. [read post]
29 Oct 2012, 12:11 pm
If it fails to do so, the insurer is liable for attorney's fees and costs the insured may incur in defending the suit. [read post]
12 Apr 2017, 9:09 am
The trial court granted the defendant’s motion for summary disposition under MCR 2.116(C)(10) on the plaintiff’s vicarious liability claim on the grounds that (1) there was no genuine issue of material fact that the bouncer was not acting in the scope of employment at the time of the plaintiff’s injury, and (2) even if the bouncer were acting in the scope of employment, since the plaintiff’s theory against… [read post]
20 Aug 2023, 11:00 pm
After the latter filed a personal-injury case against the animal’s human companion alleging negligence and strict liability, motion practice seeking the pre-trial dismissal of the litigation ensued.In New York State, the "owner" of a domestic animal, such as a dog, is liable for injuries caused by that creature, if that caregiver “knew or should have known of [the animal’s] vicious propensities. [read post]
11 Jul 2013, 11:56 am
Catsimatidis (here), the court held that the CEO of the Gristede’s grocery chain is personally liable for $3.5 million of unpaid wages under the FLSA. [read post]
14 Mar 2016, 9:58 am
She brought suit, alleging that defendant was liable for her injury. [read post]
24 Mar 2020, 12:14 pm
A recent opinion addresses whether a company that leases a store is liable for damages in a New Mexico personal injury suit, after a customer is attacked in a parking lot used by the store’s customers. [read post]
17 Dec 2014, 4:20 am
Jewish Journal reports on the court's decision. [read post]
23 Jul 2018, 9:43 am
While issues of immunity do come up in some cases, it is the defendant’s burden to establish that a defense applies. [read post]
9 Sep 2011, 1:01 pm
In other words, consumers had no reason to associate the "Universal Night Sight" mark with OSTI's product. [read post]
4 Jan 2019, 7:53 am
Slater, an insurer is liable to its insured for a judgment exceeding policy limits when the insurer had exclusive control of defending/settlement and doesn’t settle within the policy limits because of bad faith or negligence. [read post]
9 Dec 2019, 12:47 pm
However, the defendants took no action to remedy the problems nor did they reply to Francis’s complaints. [read post]
22 May 2017, 8:44 am
The court explained the evidence of the prior convictions was not relevant to the jury’s determination of whether the defendant was liable for the plaintiff’s injuries, nor was it relevant to the determination of compensatory damages. [read post]
29 Jun 2016, 5:05 am
In a recent case, the defendant argued that it was not liable because a man’s preexisting conditions were the actual cause of his injury. [read post]
30 Dec 2016, 4:36 am
Advert 1 - on the defendants' websiteThe first advert included a moving checklist which also appeared on the Defendant's website. [read post]
7 May 2017, 11:00 pm
Lord Toulson reasoned that a defendant will be jointly liable for the tortious acts of the principal if the defendant: (i) acts in a way which furthers the commission of the tort by the principal; and, (ii) does so in pursuance of a common design to do or secure the doing of the acts which constitute the tort. [read post]
22 Jun 2020, 11:32 am
Sometimes, a defendant may have blatantly breached a duty of some sort but still not be held liable for a plaintiff’s injuries. [read post]
29 Mar 2019, 4:00 am
The Appellate Division unanimously affirmed Supreme Court's granting the defendant's motion to dismiss Petitioner's complaint, explaining that Plaintiff's allegations relating to disability retirement recommendations of the Police Pension Fund's Medical Board are misdirected as [a] the Police Pension Fund is a corporate entity independent and distinct from the police department or the City of New York and [b] is not… [read post]
29 Mar 2019, 4:00 am
The Appellate Division unanimously affirmed Supreme Court's granting the defendant's motion to dismiss Petitioner's complaint, explaining that Plaintiff's allegations relating to disability retirement recommendations of the Police Pension Fund's Medical Board are misdirected as [a] the Police Pension Fund is a corporate entity independent and distinct from the police department or the City of New York and [b] is not… [read post]
30 Dec 2015, 4:51 pm
In order for a defendant to establish that it lacked constructive notice of the defect, and thus is potentially not liable for failure to correct the defect, the defendant must establish several factors. [read post]
