Search for: "Liable Defendant(s)"
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15 Nov 2019, 1:26 pm
Our response can be found here: Plaintiff’s Brief in Opposition to Defendant’s MSJ. [read post]
14 Nov 2019, 11:20 am
In the subject case, the court found that the plaintiff’s complaint did not contain any facts regarding where the defendant’s product was sold or administered, or that the plaintiff’s harm arose out of the defendant’s activities within the state. [read post]
14 Nov 2019, 11:18 am
A fence separated the defendant’s property from the tracks, but there were large gaps and holes in the fence that adults and children used to pass through the property. [read post]
14 Nov 2019, 3:53 am
National Association of African American-Owned Media, in which the justices considered whether, in a claim under a federal statute that prohibits race discrimination in contracting, a plaintiff is required to show that the defendant’s action would not have been taken but for the alleged discrimination. [read post]
13 Nov 2019, 4:36 pm
These are based on the prevention of crime (s.33(3)), a journalistic duty to provide material of ‘public interest’ (s.33(4)) and if the defendant reasonably believed that the photo was commercial and not disclosed without the consent of the victim-survivor (s.33(5)). [read post]
13 Nov 2019, 4:28 pm
While Tiger Brands is exploring the sale of its value-added meat products business, the company can still be held liable for the 2017’s listeria outbreak says attorney at Richard Spoor Attorneys Catherine Marcus (we are working with Richard and his team on the case – See https://listeriaclassaction.co.za/). [read post]
13 Nov 2019, 3:06 pm
In so directing, the court of appeals pointed out that both juries had determined that the defendants were liable; the only difference was the amount of damages awarded, and, notably, the defendants had not contested the dollar value of the plaintiff’s harm during the first trial. [read post]
13 Nov 2019, 4:05 am
Defending against a dozen is another. [read post]
13 Nov 2019, 3:42 am
Border Patrol agent liable for the shooting death of their son, who was on the Mexican side of the border, for this blog, in a post that first appeared at Howe on the Court. [read post]
12 Nov 2019, 9:23 pm
Their evidence on affidavit and, in particular, under cross-examination will be vital to an employer’s ability to successfully defend an ‘adverse action’ claim under the FW Act. [1] Western Union Business Solutions (Australia) Pty Ltd v David Robinson [2019] FCAFC 181 [2] David Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018]FCA 1913 [read post]
12 Nov 2019, 2:41 pm
As for the second element – right and ability to supervise – the court found that plaintiff’s undisputed allegation that defendant agent was a licensed real estate agent under defendant brokerage’s sponsorship, coupled with defendant brokerage’s statutory obligation to supervise defendant agent’s actions, were sufficient to state a plausible claim that defendant brokerage had the… [read post]
12 Nov 2019, 9:07 am
” The court rejected arguments by the defendants over who was actually the plaintiff’s employer. [read post]
12 Nov 2019, 5:30 am
” In other words, the actual principle Rubenfeld is defending is this: State action occurs where the government incentivizes otherwise illegal private action by immunizing it. [read post]
12 Nov 2019, 3:42 am
Border Patrol agent liable for the shooting death of their son, who was on the Mexican side of the border. [read post]
11 Nov 2019, 2:19 pm
One consists of women who were allegedly sexually harassed and exploited by the defendants. [read post]
11 Nov 2019, 10:44 am
As I explain today in The American Prospect: The Conservative Legal Community Is Grasping at Straws to Defend Donald Trump by Steven Lubet November 11, 2019 The defense of Donald Trump has taken some strange turns lately, as allies and supporters have constantly had to change their positions—sometimes in a matter of days or hours—in order to justify the president’s shifting moods and explanations. [read post]
11 Nov 2019, 6:57 am
Plaintiffs’ claim is that Backpage misused defendant’s CRM tools. [read post]
11 Nov 2019, 3:22 am
The Supreme Court found that the ‘real defendant’ test (as set out in TGA Chapman Ltd v Christopher, 1998) is useful when assessing whether an insurer should be liable for costs where a claim is partly covered by insurance but some part is outside the limits of cover. [read post]
11 Nov 2019, 2:00 am
The plaintiffs in that case claimed that Ridell should be liable for the defective designs of helmets. [read post]
8 Nov 2019, 6:54 pm
The plaintiff, the victim’s widow, subsequently sued a number of defendants that she alleged were negligent in failing to address the hazard posed by the well prior to her husband’s death. [read post]