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10 Jul 2017, 7:09 am by Lebowitz & Mzhen
While the general rule is that a landowner must have some knowledge of a hazard before he can be found liable, courts are willing to consider a defendants constructive knowledge of their property’s condition. [read post]
1 Oct 2010, 7:15 am
A person is liable for someone else's injuries if the person was legally negligent or committed an intentional tort against the victim. [read post]
19 Feb 2024, 5:23 am by Kevin LaCroix
In making the award, the judge concluded that Trump and the other defendants had fraudulently misrepresented the Organization’s and Trump’s financial condition to banks, insurance companies, and public officials. [read post]
1 Dec 2022, 5:31 am by Roger Parloff
His involvement in that last conspiracy had been, I believe, the government’s primary theory for holding him liable for the substantive count. [read post]
23 Mar 2016, 6:04 am by Eugene Volokh
” McClellan failed to defend the case, so Whetstone got a summary judgment. [read post]
24 May 2010, 7:33 am
  Meanwhile, the GMAC defendants obtained summary judgment in the Fiocco action, dismissing her complaint against them, which had alleged that the GMAC defendants were liable under New York Vehicle & Traffic Law § 388 and for having negligently entrusted the leased vehicle to Doyle. [read post]
7 Aug 2018, 2:15 pm by Arfaa Law Group
If more than one party is liable in a Maryland medical malpractice case, each defendant is responsible for paying the entire judgment if another defendant is unable or unwilling to contribute, under the theory of joint and several liability. [read post]
17 Aug 2012, 3:00 am by Ted Folkman
The two Canadian affiliates argue that they are not judgment debtors and that they are not liable for the debts of Chevron. [read post]
27 Dec 2020, 7:55 am by Thomas Key
 Let's explore how the court reached this decision in Tom Hussey Photography, LLC v. [read post]
19 Oct 2014, 3:08 pm
Under this legal theory, the party filing suit (plaintiff) must allege that: (1) the defendant had a duty of care to the plaintiff; (2) said defendant breached this duty; (3) the defendant's breach of the duty caused the plaintiff harm; and (4) plaintiff suffered injuries. [read post]
1 Sep 2021, 5:00 am by Michael C. Dorf
I discuss Mexico's two main arguments (at which the complaint merely gestures, because it falls to the defendants to raise PLCAA as a defense): (1) that the defendants' conduct puts the lawsuit within an exception to PLCAA; and that even if not (2) PLCAA doesn't apply to litigation seeking redress for harms occurring outside the U.S.My column expresses sympathy for Mexico but doubts about the likelihood that it will prevail. [read post]
26 Dec 2023, 6:00 am by The Law Offices of John Day, P.C.
The same day the consent agreement was signed, plaintiff refiled the HCLA claim against the hospital, naming the hospital as the sole defendant and alleging that it was vicariously liable for the actions of the doctor. [read post]
10 Jan 2023, 12:00 am by Yosha Law
You feel you deserve compensatory damages for the pain and suffering you’ve endured, however, the liable party’s insurer offers you a settlement that only covers your financial hardships. [read post]
10 Jan 2023, 12:00 am by Yosha Law
You feel you deserve compensatory damages for the pain and suffering you’ve endured, however, the liable party’s insurer offers you a settlement that only covers your financial hardships. [read post]
5 Nov 2007, 6:20 am
Reliance on a misstatement of the law by a federal official doesn't even protect a defendant from conviction in a later criminal proceeding in federal court, except where the defendant can show, among other things, that that the official's interpretation of the law was objectively reasonable. [read post]
5 Nov 2007, 8:43 am
Reliance on a misstatement of the law by a federal official doesn't even protect a defendant from conviction in a later criminal proceeding in federal court, except where the defendant can show, among other things, that that the official's interpretation of the law was objectively reasonable. [read post]
27 Apr 2020, 4:50 pm by Lebowitz & Mzhen
A “failure to warn” claim in Maryland is based on the contention that a defendant failed to adequately warn consumers of the risks involved with a product. [read post]
23 Feb 2011, 5:49 am by Brian M. Peterson
The plaintiffs seek recovery only upon a showing that defendant's conduct was wrong under state law. [read post]
17 Jun 2023, 7:57 am by Matt Tait
When a defendants guilt is established through an extrajudicial process—either explicitly, or implicitly, such as during show trials where the defendants guilt is politically decided outside of the courtroom—this implicates the defendants’ rights to a fair trial. [read post]