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29 Dec 2009, 7:22 am
The following blog entry is written from a defendant’s position as trial approaches. [read post]
23 Jan 2018, 4:53 pm
Let’s begin with a simple example. [read post]
11 Mar 2017, 10:00 am
The question turned largely on whether plaintiff’s employer had exclusive control over defendant’s actions. [read post]
18 Jan 2019, 2:30 pm
Their argument was twofold: They maintained that they did not violate anyone’s rights, and even if they did, they were not liable. [read post]
17 Mar 2011, 6:48 am
The Court rejected the defendant’s argument that an employer cannot be liable when the person making the decision to terminate is not motivated by discrimination. [read post]
16 Jun 2014, 3:11 am
Then, the Chancery Division held that the defendants were liable for trade mark infringement and passing off. [read post]
16 Jun 2014, 8:45 am
The complaint alleged that EMC Mortgage breached certain representations and warranties concerning loans in the trusts and also sought to hold certain JPMorgan entities vicariously liable for EMC’s alleged breaches. [read post]
9 Nov 2018, 9:02 am
(attorney's fees to successful defendant of TTLA claim); Johns v. [read post]
14 Apr 2023, 2:58 pm
Under the FCA, a defendant is liable for submitting a false claim to the government for payment if it acted “knowingly,” which the statute defines as acting with actual knowledge, deliberate ignorance, or reckless disregard. [read post]
24 May 2018, 3:51 am
Plaintiff filed this action, and the trial court found defendant liable for both negligence and breach of contract. [read post]
12 Jul 2016, 8:05 am
United States, handed down just last month, where the Supreme Court stated: When “a defendant makes representations in submitting a claim but omits its violations of statutory, regulatory, or contractual requirements, those omissions can be a basis for liability if they render the defendant’s representations misleading” with respect to the goods or services provided. [read post]
1 Jul 2009, 7:24 pm
So what does it mean to defend in "good faith", quite simply, it means that the insurance company has a duty to consider the insured's interests and if those interests conflict with the insurance company's interests, good faith obligates the insurance company to sacrifice its interests in favor of the insured's. [read post]
21 Jan 2013, 10:18 am
On appeal the circuit court concluded, after identifying the relevant portion of the statute, that “for Defendants to be liable under the SCA, they must have gained unauthorized access to a facility through which electronic communication services are provided (or the access must have exceeded the scope of authority given) and must thereby have accessed electronic communications while in storage. [read post]
5 May 2008, 7:00 am
All four defendants were also jointly and severally liable to the State for nearly $8,000 of attorney’s fees, being more than the State had requested, in addition to whatever legal fees the defendants had paid to their own attorney. [read post]
6 Jul 2022, 12:14 pm
In another sign of the power of RICO, defendant Altria’s argument that it wasn’t involved for a big chunk of the class period, so the damages model didn’t fit it, failed because “all defendants who participated in the RICO enterprise are liable for the entire injury caused by the enterprise’s illegal conduct, regardless of whether they personally participated in every aspect of the conspiracy. [read post]
22 Mar 2019, 7:19 am
The Court’s Opinion The court found in favor of the defendant convenience store, and dismissed the plaintiff’s case. [read post]
14 May 2023, 7:07 pm
Yu’s concerns with the program, Mr. [read post]
22 Jul 2019, 10:19 am
Section 230 immunizes defendants from liability if: defendant is a provider or user of an interactive computer service;the information for which plaintiff seeks to hold defendant liable is information provided by another information content provider; and plaintiff’s claim seeks to hold defendant liable as the publisher or speaker of that information.In this case, there was no dispute Facebook met the first two elements, i.e., it… [read post]
10 Feb 2017, 8:29 pm
If a plaintiff only proves limited damages at trial or in arbitration, this rule can shield defendants from being liable of potentially hundreds of thousands of dollars for fees incurred by plaintiff’s counsel. [read post]
6 Sep 2011, 12:44 am
MBC’s PD Notebook on Trial appeared first on The Korean Law Blog by IPG Legal. [read post]
