Search for: "Liable Defendant(s)"
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5 Aug 2019, 8:06 am
” In particular, the Supreme Court indicated that a disparate impact claim based upon a statistical disparity “must fail if the plaintiff cannot point to a defendant’s policy or policies causing that disparity” and that a “robust causality requirement” ensures that a mere racial imbalance, standing alone, does not establish a prima facie case of disparate impact, thereby protecting defendants “from being held liable… [read post]
5 Aug 2019, 12:31 am
Nevertheless, the jury determined that all the writers, producers and distributors of the song where liable for copyright infringement. [read post]
2 Aug 2019, 2:22 pm
In the subject case, it was undisputed that the plaintiff was the defendant surgeon’s patient, and that the defendant surgeon directly oversaw the resident’s participation in the surgery. [read post]
1 Aug 2019, 2:29 pm
The court explained that an actor’s status as an agent provides an avenue to hold the principal liable in addition to the agent under principles of attribution. [read post]
1 Aug 2019, 9:00 am
The defendants (Chevron Corp., et al.) removed the case to federal court. [read post]
1 Aug 2019, 7:00 am
Instead of looking to the clearer question of whether a defendant madea false statement, courts will now have to develop a test for determining whether a defendant’s distribution of a false statement triggers liability. [read post]
1 Aug 2019, 4:05 am
The plaintiffs include companies like M/S Amway India Enterprises Pvt Ltd, M/S Modicare Ltd., and M/S Oriflame India Pvt Ltd. [read post]
31 Jul 2019, 3:53 pm
In fact the question of whether a defendant is guilty of OUI and whether a defendant can be found negligent/liable for a crash are dealt with in two separate courts independent of each other. [read post]
31 Jul 2019, 1:04 pm
“it is well established that Section 230(c)(1) applies not only to defamation claims, where publication is an explicit element, but also to claims where ‘the duty that the plaintiff alleges the defendant violated derives from the defendant’s status or conduct as a publisher or speaker.'” In this case, “Plaintiffs seek to hold Facebook liable for ‘giving Hamas a forum with which to communicate and for actively bringing… [read post]
31 Jul 2019, 11:30 am
For example, a defendant tippee’s guilty plea was recently thrown out, despite the defendant admitting that he knowingly traded on the basis of MNPI that he knew had been obtained in breach of a fiduciary duty, because there was no evidence that the defendant was aware of any personal benefit received by the tipper. [read post]
30 Jul 2019, 3:22 pm
The plaintiff also asserted a vicarious liability claim against the defendant medical center, alleging it was liable for the actions of the defendant surgeon. [read post]
30 Jul 2019, 3:17 pm
In New York summary judgment motions in medical malpractice cases, the burden shifts from the plaintiff to the defendant and then back to the plaintiff with regards to whether the defendant should be held liable for medical malpractice. [read post]
30 Jul 2019, 9:46 am
Currently, to defend one’s copyright, a direct action needs to be made before the Federal Court which is an expensive and an extremely formalistic procedure. [read post]
29 Jul 2019, 4:35 pm
Zou and Downs filed motions for summary judgment on the grounds that as nonvoting board observers they were not among the groups of defendants that can be held liable under Section 11. [read post]
29 Jul 2019, 8:51 am
The plaintiffs have sued the defendants arguing that they should be held liable for the death of their father. [read post]
27 Jul 2019, 2:21 am
How Can a Third Party Be Liable for Criminal Attack? [read post]
26 Jul 2019, 12:00 pm
While the lawsuit named both D.T. and the insurer as defendants, only the insurer was served initially. [read post]
26 Jul 2019, 11:20 am
The defendant also argued that the plaintiff ate other meals in between the meal at the defendant’s restaurant, and when he contracted salmonella. [read post]
26 Jul 2019, 3:50 am
However, not every type of incident will lend itself to the business being liable. [read post]
26 Jul 2019, 3:50 am
However, not every type of incident will lend itself to the business being liable. [read post]
