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20 Dec 2018, 4:25 am by Andrew Lavoott Bluestone
The jury found the defendant and his practice, defendant Caring Medical, LLC, liable. [read post]
19 Dec 2018, 2:19 pm by John C. Manoog III
The defendant filed a motion for judgment on the pleadings, asserting that it was could not be held vicariously liable for the driver’s intentional tort and that the plaintiff had failed to adequately present his negligence case as required by the Massachusetts Tort Claims Act. [read post]
19 Dec 2018, 1:50 pm by Public Employment Law Press
However, Supreme Court granted BOE's motion for summary judgment and Wilson appealed.Sustaining the lower court ruling, the Appellate Division explained that a school district may not be held liable for the negligent performance of its governmental function of supervising children in its charge in the absence of a special duty to the person injured. [read post]
19 Dec 2018, 1:50 pm by Public Employment Law Press
However, Supreme Court granted BOE's motion for summary judgment and Wilson appealed.Sustaining the lower court ruling, the Appellate Division explained that a school district may not be held liable for the negligent performance of its governmental function of supervising children in its charge in the absence of a special duty to the person injured. [read post]
19 Dec 2018, 6:01 am
The issue before the Court in Lorenzo is whether a defendant who is not the “maker” of a statement can nonetheless be held liable under other subsections of Rule 10b-5 if he or she is part of a “scheme” to disseminate the challenged statement. [read post]
18 Dec 2018, 12:00 pm by Guest Blogger
Law.com reports that the cost of defending a malpractice claim is also increasing. [read post]
18 Dec 2018, 11:22 am by A. Brian Albritton
” But, whereas that was the requirement for a corporate defendant to receive any credit under the previous Yates policy, now DOJ counsel may award some credit as long as a “company honestly did meaningfully assist the government’s investigation. [read post]
18 Dec 2018, 10:05 am by Lebowitz & Mzhen
The court explained that a defendant is typically allowed to argue a plaintiff was contributorily negligent, absent a few specific circumstances (i.e., claims involving sexual abuse of a student by a teacher). [read post]
The Facts of the Case According to the court’s version of the facts, the plaintiff obtained a season pass to the defendant ski resort. [read post]
18 Dec 2018, 9:23 am by Friedman, Rodman & Frank, P.A.
The Facts of the Case According to the court’s opinion, the plaintiff was rear-ended by the defendant and subsequently filed a personal injury lawsuit against the defendant. [read post]
18 Dec 2018, 8:08 am by Cecere Santana, PA
Thus, while the judge in a Florida personal injury case may not have the ultimate discretion to decide whether the defendant was liable for the plaintiff’s injuries, she certainly has an important role to play in the process. [read post]
18 Dec 2018, 6:59 am by The A&M Team
RELATED BLOG ARTICLE: When Insurance Companies Deny, Delay or Defend, You Have Rights! [read post]
18 Dec 2018, 5:00 am by Daniel E. Cummins
   In light of its rulings that one spouse owed no duty to third parties to protect them from negligent conduct by the other spouse under the facts presented, the court granted the Defendant's Preliminary Objections and dismissed the Plaintiff's Complaint.Anyone wishing to review this Opinion may click this LINK. [read post]
18 Dec 2018, 4:29 am by Andrew Lavoott Bluestone
In such regard, the complaint alleges that Defendants “engaged in fraud, collusion, or malicious or tortious acts against Plaintiff,” and as a result, “Defendants are liable to Plaintiff for legal malpractice” (Complaint,  61-62). [read post]
18 Dec 2018, 3:16 am by The Law Offices of John Day, P.C.
The Court reasoned: [T]he plaintiffs in those cases satisfied their burden in proffering sufficient evidence as to the defendants duty at the summary judgment stage. [read post]
18 Dec 2018, 1:00 am by DONALD SCARINCI
The Court rejected the Petitioners’ argument that the Secretary’s position was a “post hoc rationalization” advanced by an agency seeking to defend past agency action against attack. [read post]
17 Dec 2018, 3:14 pm by Kevin LaCroix
  Strict liability exists when a defendant is liable for committing an action regardless of what their intent or mental state was when committing the action. [read post]
17 Dec 2018, 1:49 pm by Peter Thompson & Associates
How do you know if more than one person should be held liable, and whether you’re signing off on any chance of collecting future damages from those others responsible by agreeing to a small settlement (which the defendant may welcome)? [read post]