Search for: "Application of Harms"
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19 Nov 2019, 2:40 pm
If the defendant meets its burden, the plaintiff must then establish that a triable issue of fact exists, by setting forth an expert affidavit opining that the defendant deviated from the applicable standard of care and that the deviation caused the plaintiff’s harm. [read post]
8 Oct 2021, 3:58 pm
It is not uncommon for people treated in federal facilities to suffer harm due to incompetent medical care. [read post]
25 Dec 2016, 9:56 pm
In the first order, the Zoning Commission approved VMP’s application for a planned unit development (PUD) on the site. [read post]
17 May 2021, 8:31 am
Supp.3d 295, 320, 322 (E.D.N.Y. 2018) (“witnessing the abuse of [one’s] mother is enough to establish the applicability of the defense”), aff’d sub. nom. [read post]
11 Aug 2020, 4:01 pm
Plaintiffs in Subramanya argued USCIS abused its power in an egregious and outrageous manner either with the intention of harming the plaintiffs or out of deliberate indifference to the harms caused. [read post]
27 Sep 2023, 8:17 am
Off-label applications of herbicides can result in injury or mortality of tree and/or shrub species. [read post]
24 Jun 2011, 6:27 pm
In short, the Supreme Court found that FELA does not have a proximate cause standard for causation but rather the applicable standard is that a defendant is liable if, "a defendant railroad caused or contributed to a plaintiff employee’s injury if the railroad’s negligence played any part in bringing about the injury. [read post]
27 Jul 2010, 12:34 am
The pre-sentence reports before me assess you as posing a medium level risk of serious sexual harm to children, because you have colluded with and encouraged the harm already inflicted on the exploited children by downloading the images. [read post]
1 Apr 2022, 7:25 pm
The investigation relates to the offenses of “cheating on goods, display or sale of corrupt or falsified food products harmful to health, placing on the market of a product harmful to health, endangering others, injuries involuntary and involuntary homicides”. [read post]
10 Nov 2011, 12:20 pm
Thus, the initial burden rest with the habeas applicant to file a fact-specific petition, which raises issue(s) of constitutional magnitude; in other words, a constitutional violation which has harmed the applicant. [read post]
8 Aug 2023, 5:01 am
She only pointed to generalized and imagined future fears or harms. [read post]
27 Sep 2016, 10:57 am
In other words, rather than claiming that the market was anticipating the regulations and changing its business model earlier than necessary, D'Acunto and Rossi argue that there was effective application of Dodd-Frank three years earlier. [read post]
1 Jul 2015, 8:22 am
These include material harms—obstructing access to goods and services—and dignitary harms—stigmatizing other citizens as sinners. [read post]
31 Oct 2018, 7:18 am
Normally, negligence-based injury claims require that the plaintiff establish: That the defendant owed the plaintiff a duty of care; That the defendant’s conduct violated the applicable standard of care; That the defendant’s violation proximately caused the plaintiff to suffer harm; and The plaintiff actually suffered harm. [read post]
31 Jul 2014, 7:55 am
The court went on to find that the Opponents failed to provide evidence of harm from the commercial development, and that the trial court did not err in requiring the Opponent to show an adverse impact to the community. [read post]
12 Sep 2017, 4:24 am
” According to EEOC Regional Attorney Robert Weisberg, “Congress recognized that prohibiting pre-offer medical inquiries was necessary to prevent applicants from being subjected to harmful and unfounded stereotypes on the basis of an actual or perceived disability. [read post]
2 Jan 2019, 5:00 am
Application for a Stay in the Alternative to a Writ of Certiorari Before Judgment Joint Opposition to Application for a Stay Trump v. [read post]
26 Mar 2014, 3:46 am
Sort of like a professional foul in soccer: stop the play, no harm done.Text Copyright John L. [read post]
15 Jan 2022, 9:57 pm
Rather, they must only show that the probability that another cause brought about their harm is so low that it was most likely the defendant’s actions that caused their harm. [read post]
26 May 2021, 5:10 pm
The powers can now be used to prevent harm anticipated to be caused in connection with the emergency and not just after the harm or damage has occurred. [read post]
