Search for: "Application of Harms"
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29 Mar 2021, 7:19 am
The court explained it had previously interpreted the applicable provision to grant Massachusetts jurisdiction over claims where employment contracts were made in Massachusetts, even if the injury occurred elsewhere. [read post]
20 Apr 2020, 2:19 pm
Following the decedent’s death, the plaintiff instituted a medical malpractice lawsuit against the defendant, arguing that the defendant departed from the applicable standard of care in treating the decedent’s sacral ulcer, thereby causing the decedent to suffer harm. [read post]
6 Dec 2020, 6:53 am
The Relation Back Doctrine A plaintiff who wishes to file a claim after the applicable statute of limitations has passed bears the burden of proving that the relation-back doctrine applies. [read post]
2 Aug 2012, 8:13 pm
What this means in practical application is that hospitals must hire an adequate number of nurses to ensure that their working staff does not become overburdened. [read post]
28 Oct 2020, 2:07 pm
Dismissal of Medical Malpractice Claims Due to Lack of Evidence The appellate court explained the long-standing rule that in a medical malpractice case, a defendant doctor asking for dismissal via summary judgment must show that there was either no departure from the applicable standard of care or that any departure did not proximately cause the plaintiff’s harm. [read post]
7 Jan 2011, 11:27 pm
Do IRS Tactics Harm Taxpayers? [read post]
5 Jun 2021, 9:34 am
DHS (D.D.C.) -- finding that DHS properly used Exemption 5’s deliberative process privilege to withhold the analyses of asylum officers concerning applications for asylum, consistent with a 2015 D.C. [read post]
2 May 2014, 6:23 am
In declining to dismiss the trademark infringement claims, Judge Koetl ruled that the plaintiffs had adequately alleged use of the marks at issue before the defendants’ use, and rejected the defendants’ contention that the plaintiffs’ filing of an intent-to-use application with the Trademark Office estopped the plaintiffs from showing that there had been actual use before the filing of the application. [read post]
5 Nov 2021, 8:28 am
“Thus, far from excluding every attendant at the event, the exclusion unambiguously precludes coverage for individuals that decide to venture onto the drag racing track, and thereby suffer bodily harm,” the judge wrote. [read post]
29 Feb 2016, 8:54 am
States seek to block mercury pollution rule - Twenty states have asked the Supreme Court in a new application, Michigan v. [read post]
21 Jan 2014, 10:54 am
With a product that could be harmful to health, the ASA will be on the lookout for any ads which link botox to beauty. [read post]
27 Jun 2015, 7:17 am
That denial of fundamental rights caused “pain and humiliation,” and although “Bowers was eventually repudiated in Lawrence, men and women were harmed in the interim, and the substantial effects of those injuries no doubt lingered long after Bowers was overruled. [read post]
26 Oct 2007, 11:45 am
That change, as applied to existing applications, will cause irreparable harm to owners of patent applications. [read post]
30 Jan 2019, 5:37 am
As there had been no specific showing of any harm created by any of the challenged translator applications, and the petitioners had not shown that they represented any LPFM adversely affected by any translator application, the petition was again rejected for lack of standing. [read post]
12 Sep 2017, 10:49 am
“Through supervision, the CFPB is putting an end to practices that harm consumers and taking proactive steps to prevent future violations. [read post]
17 Jan 2007, 2:01 pm
., 384 S.E.2d 730 (S.C. 1989), the South Carolina Supreme Court determined that a builder may be liable in tort if he violates an applicable building code, deviates from industry standards, or constructs housing that he knows or should know will pose serious risks of physical harm. [read post]
28 Apr 2017, 8:59 am
" The eBay decision squarely brings back "irreparable harm" into the permanent injunction calculus without giving much guidance on how to evaluate irreparable harm. [read post]
10 Dec 2021, 4:54 am
The applicant must also provide a “no-harm” letter from the RRC stating that the injection well will not damage an existing oil or gas reservoir. [read post]
17 Nov 2015, 6:53 pm
The ALJ also concluded that the FTC failed to show that its exposure resulted in, or is likely to result in identity theft, medical identity theft harm, or related harms. [read post]
20 May 2018, 2:11 pm
The consultation covered various aspects of online safety including: the introduction of a social media code of practice, transparency reporting and a social media levy, technological solutions to online harms, developing children’s digital literacy, support for parents and carers, adults’ experience of online abuse, and young people’s use of online dating websites/ applications. [read post]
