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19 Sep 2019, 10:01 am by Lebowitz & Mzhen
General negligence claims require showing that: the defendant had a legal duty to use a certain level of care toward the plaintiff; the defendant failed to meet the standard of care required; the plaintiff suffered damages; and the defendants failure to meet the standard of care caused the plaintiff’s damages. [read post]
19 Sep 2019, 9:56 am by Lebowitz & Mzhen
Of course, the defendants named in a lawsuit will almost always be the driver that hit the pedestrian. [read post]
18 Sep 2019, 2:09 pm by Brad Kuhn
  The Defendant City of San Diego (“City”) claimed it was not liable because although it owns the portion of pipe in the street, it does not own or directly maintain the portion of pipe that ultimately discharges surface water from the public storm drain system onto plaintiff’s property. [read post]
18 Sep 2019, 10:12 am by Rebecca Tushnet
  Rather than recognizing this limit, the court noted that it was possible to have liability if the defendant misstated and misrepresented the Today Show’s methodology and findings, which is also true but not the same thing (if the Today Show used an unreliable methodology, it couldn’t be liable for doing so, but the defendant shouldn’t be able to launder a bad study in its own advertising).Anyway, based on Cornerstone, use of the statement… [read post]
16 Sep 2019, 10:47 am by Barsumian Law
  The law firm and client sought to prevent the defendants from requiring a medical malpractice claimant’s periodic payments agreement with a qualified health care provider to pay out the provider’s maximum liability under the Indiana Medical Malpractice Act (MMA) before the claimant could access the PCF. [read post]
16 Sep 2019, 9:32 am by Friedman, Rodman & Frank, P.A.
The plaintiff in the recently decided case was the estate of an elderly woman who was molested and raped by an employee of the defendant nursing home while under the home’s care. [read post]
16 Sep 2019, 2:45 am by Liz Dunshee
The Tenth Circuit rejected Malouf’s argument that the SEC had “obliterated[d] the distinction” between Rule 10b-5 subsections (b) on one hand and (a) and (c) on the other because, as the Court in Lorenzo expressly held, defendants could be liable under sections of the Securities Act and Rule 10b-5 dealing with fraudulent schemes in connection with misstatements without having been the “maker” of misstatements. [read post]
15 Sep 2019, 7:10 pm by Omar Ha-Redeye
‍1 Despite subsections 800(2) and 802(2), a de­fendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless (a) the defendant is an organization;(b) the defendant is appearing to request an adjournment of the proceedings; or(c) the agent is authorized to do so under a program approved — or criteria… [read post]
14 Sep 2019, 7:08 am by Ansara Law Personal Injury Attorneys
On appeal, defendant argued that the issue of whether the aide was acting in the course and scope of employment wasn’t the court’s to decide. [read post]
14 Sep 2019, 4:02 am by SHG
Are the Sacklers liable for the opioid crisis? [read post]
13 Sep 2019, 10:53 am by Kluwer Patent blogger
 Concerning the costs, I would start with the Czech individual/company being on the plaintiff’s side. [read post]
13 Sep 2019, 10:42 am by Rebecca Tushnet
“An individual may be held liable under the FTCA for a corporation’s deceptive acts or practices if, with knowledge of the deceptive nature of the scheme, he either participate[s] directly in the practices or acts or ha[s] authority to control them. [read post]