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29 Feb 2008, 9:34 am
  In the civil justice system (rather than in criminal justice), courts will sometimes hold a defendant (like an employer) liable for compensatory damages to an injured party even if the employer is not personally at fault for his employee's misconduct. [read post]
12 Jul 2018, 8:00 am by Robert Kreisman
The only issue is whether plaintiff actually alleged that the Fitness 19 Defendants were liable for Drake’s willful and wanton conduct, as opposed to merely his negligent conduct, in Counts 2 and 6 — the respondeat superior counts. [read post]
12 Jul 2018, 8:00 am by Robert Kreisman
The only issue is whether plaintiff actually alleged that the Fitness 19 Defendants were liable for Drake’s willful and wanton conduct, as opposed to merely his negligent conduct, in Counts 2 and 6 — the respondeat superior counts. [read post]
2 Feb 2015, 11:51 am by Jeremy
The defendant was held liable under Article 270 of the Spanish Criminal Code, by which it is a criminal offence to reproduce, plagiarise, distribute or publicly communicate an artistic work with lucrative intent and without the authorisation of the right holder.The lucrative intent of the webmaster-appellant was held unquestionable by the Court of Appeal, who received a substantial financial benefit directly attributable to the infringing activity (eg, from advertising and… [read post]
11 Mar 2014, 10:09 am
 To win either of these actions, the plaintiff has to prove the defendant acted negligently, and the negligence caused the decedent's death. [read post]
18 Apr 2016, 7:39 am
When a tourist's parasailing adventure turns into a tragedy and he or she finds themselves in a trauma center with life altering injuries, parasailing companies and their lawyers are immediately preparing to defend themselves with pre-injury release forms, assumption of risk defenses, and even with old Maritime laws like the Shipowner's Limitation of Liability Act. [read post]
29 Apr 2021, 2:57 pm
Per Illinois law, punitive damages are awarded when the defendants conduct was malicious or extremely reckless. [read post]
22 Apr 2015, 4:30 am
   According to the defendants, the plaintiff’s claims were barred by limitations because the plaintiff had sufficient knowledge in October 2007 to suggest that she had a potential cause of action against the defendants. [read post]
28 Sep 2011, 2:01 pm
” Since the Court of Appeals is New York’s highest Court, this does not leave recourse for the plaintiffs to appeal the reversal of the $824,000 award. [read post]
6 Aug 2014, 2:34 pm
 (As you will see below, the Court’s rejection of the “failure to read” argument returned to doom one of defendants’ Daubert motions.)Intentional Infliction of Emotional DistressDePuy argued that it could not be liable to the plaintiffs for intentional infliction of emotional distress because plaintiffs could not “demonstrate that DePuy engaged in intentional conduct directed at them for the purpose of causing them emotional distress. [read post]
12 Jan 2022, 12:56 pm by Elena Kagan, Alan Z. Rozenshtein
The plaintiffs emphasized that the defendants could be held liable under even the highly speech-protective standard of Brandenburg v. [read post]
24 Jul 2018, 4:29 pm by Sophia Cope
After Bird didn’t appear in court to defend the case, the trial judge entered a default judgment in Hassell’s favor, and ordered both Bird and Yelp to remove Bird’s Yelp review. [read post]
17 Aug 2018, 8:17 am by dhdlaw
Permission In some cases, the vehicle owner may not have given the defendant-driver permission to use their vehicle, in which case the owner cannot be held liable. [read post]
11 Jul 2014, 6:00 am by Robert Kreisman
Alhorn, 361 Ill.App.3d 792, in which that panel lent support to Enterprise’s argument that it was limited to $100,000 per incident under the Code despite the $450,000 default judgment against that defendant in Fellhauer. [read post]
9 May 2016, 7:34 am by Friedman, Rodman & Frank, P.A.
The defendant had argued that the plaintiffs submitted an insufficient affidavit to make a claim against a provider of alcoholic beverages, but both courts disagreed with the defendants arguments, and the case will continue to be heard. [read post]
7 Jul 2011, 5:25 am by Jeremy Saland
Nor may a potential customer legally circumvent the vendor's refusal to extend credit by surreptitiously opening an account in the name of some other party who has not consented and agreed to be liable to the vendor, even if the vendor would have extended credit to the nominee, had he applied for credit. [read post]
8 Nov 2006, 3:04 pm
If you need reminding of what manner of a vale of tears today's EU was built in, have a look at Advocate General Ruiz-Jarabo Colomer's erudite opinion in Case C-292/05 Lechouritou and Others. [read post]
19 Mar 2007, 3:43 am
[Defendant's] self-serving affidavit in which he asserts a belief that he "blacked out,"unsupported by any corroborating medical evidence, is simply insufficient to create any issue of fact regarding an unforeseeable emergency situation. [read post]