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28 Feb 2009, 9:54 am
  Thus, before the relation back doctrine under CPLR § 203 may be invoked to permit an otherwise time-barred claim, the plaintiff must demonstrate that:  (1) both claims arose out of same conduct, transaction or occurrence;  (2) the new party is "united in interest" with the original defendant, and by reason of that relationship can be charged with such notice of the institution of the action that he will not be prejudiced in maintaining… [read post]
12 Apr 2012, 5:49 am
The wording of the insurance was not to be restrictively construed and there was, on the face of it, cover under the policy for the claimant's claim.The court then considered the scope of the following policy exclusion: "The insurers shall not be liable for liability arising out of…the operation as a tool of the Insured Vehicle. [read post]
8 Apr 2009, 5:01 am
According to the allegations underlying the class action, defendants made materially false statements and withheld materials facts concerning Arotech’s financial condition, id. [read post]
18 Feb 2009, 7:34 am
In California, plaintiffs generally have two years from the date of the accident or event that caused the death to sue the liable parties for wrongful death. [read post]
25 Feb 2011, 10:43 pm
" This means that if a defendant acted unreasonably while helping the plaintiff to perform a very dangerous activity, and the plaintiff knowingly and voluntarily enlisted the defendant's services, the defendant will not be liable because the plaintiff assumed the risk of the defendant's negligence. [read post]
15 Apr 2015, 4:21 pm by Kevin LaCroix
Supreme Court held that securities lawsuit defendants may introduce evidence at the class certification stage to try to show that the alleged misrepresentation on which the plaintiffs rely did not impact the defendant company’s share price. [read post]
7 Feb 2014, 10:20 am by Ron Coleman
The infringement theory was interesting – plaintiff alleged that defendant did not commit the infringement himself, but that he was secondarily liable for playing a significant role in the direct infringement by the new company’s employees. . [read post]
12 Dec 2007, 10:00 pm
Perhaps more interestingly, after having unsuccessfully attempted to defeat the plumbers' claims, the Department of Industrial Relations joins the real party in interest as a liable party, on the hook for the plumbers' attorney's fees. [read post]
6 Mar 2019, 8:53 am by Sarah Grant
Since the provision is concerned with the plaintiffs’ attempt to hold Facebook liable in U.S. court rather than with the overseas conduct that resulted from Hamas’s use of Facebook, why would there be an extraterritoriality problem? [read post]
3 May 2014, 10:44 am by Andrew Delaney
After a jury trial, the jury found defendant insurance company liable for plaintiff’s husband’s workplace death. [read post]
15 Dec 2022, 4:50 pm by Ben Vernia
 A defendant who violates the act is liable for three times the amount of the government’s losses plus applicable penalties [read post]
26 Dec 2020, 9:22 am by Eric Goldman
As to Plaintiff’s claims that relate only to Amazon’s involvement in the sales process of third-party products, the CDA does not apply and Defendants Motion is denied as to those claims. [read post]
29 Sep 2009, 11:32 am by christopherbrown
"Finally, both defendants appealed the district court’s determination of their sentences. [read post]
21 May 2021, 7:07 am by Blakeley Law Firm, P.A.
The defendants motion was granted by a judge who had not presided over the trial, and the plaintiff appealed. [read post]