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27 Mar 2023, 5:37 am
But the contract had a handwritten provision that said it would be liable for delays. [read post]
15 Mar 2010, 11:00 pm
And it can seem downright un-American to prematurely cut-off a defendant's right to present a defense and hold it to a single jury's determination of an issue. [read post]
17 Aug 2016, 4:00 am
”Explaining that Federal District Courts have typically applied the "immediate control" test in determining the appropriate “defendant-employer” in such situations, the Appellate Division said that under the "immediate control" formulation, a "joint employer relationship may be found to exist where there is sufficient evidence that the defendant had immediate control over the other company's employees," and particularly… [read post]
6 Feb 2023, 7:29 am
Further, plaintiff’s attorney’s closing arguments relied on “send a message” language, which is prohibited because it urges jurors to find a defendant liable to “send a message” about certain conduct, as opposed to because they’re truly negligent.) [read post]
6 Feb 2023, 7:29 am
Further, plaintiff’s attorney’s closing arguments relied on “send a message” language, which is prohibited because it urges jurors to find a defendant liable to “send a message” about certain conduct, as opposed to because they’re truly negligent.) [read post]
3 Dec 2014, 10:30 am
According to Wardcraft, EMC’s potential liability for breaching its duty to defend arose out of its “use of another’s advertising injury. [read post]
5 Apr 2010, 2:41 pm
The Plaintiffs were successful in showing ABM's control over the operations of SSA, Inc. considering the following: (1) ABM owned 100% of the voting securities in SSA, Inc., (2) SSA, Inc. does not hold annual board meetings, keep corporate minutes, or conduct its own audits, and (3) all but one of SSA, Inc.'s officers are ABM's officers. [read post]
22 Jul 2011, 1:00 am
" While Daniels argued that he is not liable since he did not know that the girl he transported from Maryland to Detroit was a minor, the court disagreed. [read post]
24 May 2016, 12:23 pm
In defending Facebook against government scrutiny by invoking First Amendment rights, we’ve overlooked the legal consequences for CDA 230 and risk constitutionalizing the web. [read post]
21 Jun 2022, 1:55 pm
And it’s important to defend that First Amendment right so as to shield these services from becoming compelled mouthpieces or censors of the government: if they didn’t have their own First Amendment rights to edit and curate their sites as they saw fit, then governments could tell them how to edit and curate their sites according to the government’s wishes and desires. [read post]
30 Jul 2015, 4:00 am
Could they hold the company liable in court? [read post]
25 Dec 2014, 12:32 pm
Join us today and defend free speech, privacy, and innovation. [read post]
12 Feb 2020, 6:28 pm
These products lead to the identification of the offending parties who are then liable for all stolen items. [read post]
20 Mar 2015, 6:30 am
However, sometimes in instances like this where there is an uncooperative defendant and that defendant's insurance company refuses to negotiate in good faith, we are left with no choice but to file a lawsuit to protect our client's rights. [read post]
24 Oct 2011, 4:24 am
That is, when a culpable aggressor points a gun at a defender, and says, “I am going to kill you,” the aggressor’s behavior forfeits the aggressor’s right against the defender’s infliction of harm that is intended to repel the aggressor’s attack. [read post]
28 Aug 2009, 6:50 am
The general rule in New York is that one cannot be held liable for the ordinary negligence of one's retained independent contractors. [read post]
21 Jul 2022, 4:44 pm
And it is also an open question whether the defendant might still be secondarily liable in these circumstances. [read post]
21 Jan 2022, 3:26 am
There would be a huge policy problem, however, if companies like Apple could just defend themselves by saying "we decided to combine the two, so it's not tying. [read post]
7 Mar 2017, 1:19 am
Per Se Negligence May Factor Into Cases Where Laws Are Broken If a defendant takes an action that results in an ordinance or law being broken, the defendant may be guilty no matter what was done to remedy the situation. [read post]
13 Oct 2012, 2:55 pm
The Defendant’s Liability In attempt to reach the Defendant’s “deep pockets,” the EEOC set forth two avenues to hold the Defendant liable for the alleged racially hostile work environment. [read post]
