Search for: "Liable Defendant(s)"
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24 Feb 2011, 5:45 am
Defendant also argued that the decedent was not a vendee of Defendant's product and was not using the product at the time of his injury. [read post]
14 Mar 2024, 8:55 am
” In essence, a plaintiff must allege sufficient “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [read post]
27 Mar 2015, 10:44 am
Citing Tyree, the Court held, “Because Defendant Synthes is a ‘manufacturer of medical devices,’ the learned intermediary doctrine applies to the Plaintiff’s failure to warn claims. [read post]
27 Sep 2014, 10:06 am
Because the damage done by each defendant’s dog was separate, the defendants were misjoinded under the then current procedural rules. [read post]
16 Aug 2008, 9:42 am
Next, defendants argued that the claim accrued in 2000, when Gristede's became aware of a competitive injury. [read post]
12 Sep 2016, 10:58 am
Yelp also isn’t liable for any self-promotional benefit it derives from the user review (cites omitted): To the extent Kimzey’s complaint aims at alleged downstream distribution of the starred review, § 230’s immunity defeats the claim. [read post]
22 Sep 2011, 11:04 am
That’s what you need and that’s what you’ll get at The Werner Law Firm. [read post]
20 Jun 2018, 6:17 am
Despite the fact that you signed a liability waiver, an Arizona court is unlikely to enforce it, as it is not relevant to the case — the defendant’s conduct (intentional) is not covered by the waiver. [read post]
30 May 2022, 12:54 am
The court found the owner of the unit and the kitchen contractor jointly liable for the plaintiff’s proved damages. [read post]
18 Jun 2014, 5:08 pm
Is Google liable for that damage and distress? [read post]
14 Sep 2016, 10:01 am
Either way, courts have generally held that if a risk was not foreseeable, a defendant cannot be held liable for failing to prevent it. [read post]
9 Jul 2009, 5:58 am
July 8, 2009) involved the law of agency: whether a German Count named Spreti had been acting as Plaintiff's agent when the Defendant LLCs and partnerships sent Plaintiff's share of distributions to Spreti. [read post]
28 May 2009, 11:17 am
In assessing profits, the plaintiff shall be required to prove defendant’s sales only; defendant must prove all elements of cost or deduction claimed. [read post]
26 Jan 2007, 6:52 am
How do defendants justify this result? [read post]
4 Dec 2017, 12:51 pm
(However, the court rejected the CFPB’s request for an award against each defendant and imposed only a single penalty for which the defendants would be jointly and severally liable.) [read post]
14 Nov 2022, 3:40 pm
The Court’s decision in Cariene Cadena, et al. v. [read post]
21 Mar 2019, 1:11 pm
While the judge is not usually the one who makes the ultimate determination regarding a defendant’s liability (that issue is reserved for the jury), judges make all pre-trial and evidentiary rulings that come up throughout the trial. [read post]
30 Sep 2019, 11:00 pm
Further, that the use was liable to affect one of the functions of the Trade Marks, and that the Target Websites target the relevant consumers in the UK. [read post]
27 Jul 2020, 1:37 pm
Therefore the defendant was not liable for failing to warn the plaintiff. [read post]
18 Mar 2010, 10:39 am
California’s felony-murder rule holds a defendant liable for murder if he or an accomplice kills another person during the commission of (1) specifically listed felonies, or (2) “inherently dangerous” felonies. [read post]
