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7 Feb 2012, 7:16 am by Brian A. Comer
  ISSUE(S): (1) Whether the trial court's denial of Defendant's motion for directed verdict was erroneous, and (2) whether Plaintiff should have been granted a new trial. [read post]
23 Jun 2014, 7:45 am by Robert Kreisman
The Paxil drug maker, GlaxoSmithKline, LLC (GSK) is defending product-liability lawsuits in Chicago’s federal district court for the Northern District of Illinois. [read post]
6 Apr 2017, 8:30 am by Friedman, Rodman & Frank, P.A.
Reading the statute, under Florida law, a dog bite plaintiff need not prove the defendants knowledge of the dog’s dangerousness. [read post]
20 Feb 2010, 3:42 pm by Second Circuit Civil Rights Blog
An HWE will get you halfway, but you also have to show the employer is liable for the harassment. [read post]
5 Apr 2013, 1:01 pm by Bexis
  But that was enough (without any discussion of agency) to hold the defendant liable for everything the other party to the contract actually did. [read post]
21 Jun 2021, 1:04 pm by Mark C. Niles
Erwin (1988), the Supreme Court held that federal employees could be individually liable for tort damages arising from their conduct performed in the scope of their employment in some circumstances. [read post]
10 Sep 2012, 8:00 am by Wystan M. Ackerman
Plaintiffs’ lawyers seeking to certify classes against insurance companies are likely to frequently cite the Sixth Circuit’s recent decision in Young v. [read post]
21 Jan 2014, 7:14 am by Joy Waltemath
Moving to dismiss the employee’s FMLA retaliation and interference claims, the defendants argued they were barred by the Illinois Worker’s Compensation Act’s exclusive remedy provision. [read post]
30 May 2023, 11:02 am by jeffreynewmanadmin
As with any civil case, a complaint is merely an allegation and a defendant is presumed not liable until shown otherwise by a preponderance of the evidence. [read post]
6 Dec 2021, 1:51 pm by John Hochfelder
The jury rendered a defense verdict finding that defendants were not at all liable for the accident. [read post]
6 Jul 2012, 6:47 am
Increasing the Risk not Increasing the Injury Justice McLachlin stated that although some cases have said that a defendant will be liable where they materially contribute to the plaintiff’s injury the correct application of the material contribution test requires the plaintiff to show that the defendants conduct materially contributed to the plaintiff’s risk of injury. [read post]
30 Nov 2020, 7:21 am by Amy Howe
They claimed that Pena-Irala had kidnapped Joel’s son, Joelito, and tortured him to death in retaliation for Joelito’s opposition to the Paraguayan government. [read post]
10 Aug 2009, 9:08 am
The defendant is liable for the full extent of the victim’s injuries even if it was unforeseeable that the victim would suffer much greater injuries than the average person. [read post]
15 Feb 2019, 5:50 am by Eric Goldman
The court rejects the defendants motion to dismiss: the Court cannot conclude from the pleadings alone that merger or scènes à faire apply. [read post]
2 Oct 2014, 10:08 am by Carabin & Shaw, P.C.
Under the modified version of the joint and several liability doctrine that Texas follows, each defendant would be liable for the entire amount of a plaintiff’s damages regardless of their relative degrees of fault, as long as the plaintiff was 50% or less at fault. [read post]
31 May 2013, 8:07 pm by Jacek Stramski
” In other words, since the attorney’s fee agreement provided for an alternative payment structure if a third party was liable for the fees, and a third party was in fact liable for the attorney’s fees, the higher alternative provision of the agreement would not limit the attorney’s fees award to the hourly rate provided for in the contract. [read post]
28 Apr 2010, 3:00 am by John Day
 Consent may appear from the circumstances, so that if there was some manifestation of consent upon which the defendant could reasonably rely, he would not be liable. [read post]
1 Apr 2009, 5:09 am
According to the allegations underlying the class action, “the decline in Downey’s shareholder value resulted from alleged misrepresentations made to the investing public by Downey’s current and former officers and/or directors, and not from the current economic climate,” id. [read post]