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22 Nov 2011, 12:54 pm
The court found that the trial court also erred by providing various instructions which allowed the jury to find defendants liable for actions (e.g., merely forming a competitive business) which were not prohibited by the narrow restrictive covenants in Duckworth’s employment contract. [read post]
24 Aug 2020, 11:20 am
One of the primary issues on appeal was whether the building’s owner was liable under negligence per se. [read post]
1 Oct 2009, 3:12 pm
It is also a shame that he bottled the chance to also comment on whether the advertisers themselves were liable for trade mark infringement, although reading between the lines one would say that it seems likely.IP Freely is particularly looking forward to the ECJ decision on the above and more importantly the ECJ (and I guess the AG's opinion) on the other Adwords references. [read post]
10 Mar 2017, 8:47 am
In a lead poisoning case, just as in any other negligence claim, a plaintiff must show: The defendant had a duty to the plaintiff to conform to a certain standard of conduct; The defendant failed to conform to that standard; The plaintiff suffered an injury; and The defendant’s failure caused the plaintiff’s injury. [read post]
12 May 2017, 9:02 am
Regardless of the status of the plaintiff’s turn signal, the defendant did not do this, making him negligent and liable as a matter of law. [read post]
12 Aug 2015, 1:40 pm
The defendant’s motion to dismiss made a few arguments, but we are most interested in the argument that primary jurisdiction requires dismissal or stay of the unfair competition claim. [read post]
12 Jul 2017, 6:33 am
" That means the defendants get qualified immunity, and they are therefore not liable. [read post]
6 Jul 2020, 5:57 am
That's what happened here. [read post]
22 Jan 2018, 1:00 pm
” In other words, you can’t be held liable for anything you report to a government agency. [read post]
14 Sep 2010, 8:57 am
And, in light of Defendants duty to Abbey's family members to notify them of any changes in her condition, and there total failure to do so (resulting in her death), Plaintiffs have stated a valid cause of action for NEID. [read post]
9 Sep 2008, 9:55 am
The provision states: If a copyright owner has made an election under subsection (1), a defendant who is an individual is liable for statutory damages of $500 in respect of all the defendant’s infringements that were done for the defendant’s private purposes and that are involved in the proceedings. [read post]
9 Sep 2008, 9:55 am
The provision states: If a copyright owner has made an election under subsection (1), a defendant who is an individual is liable for statutory damages of $500 in respect of all the defendant’s infringements that were done for the defendant’s private purposes and that are involved in the proceedings. [read post]
6 Jul 2011, 2:32 pm
As co-conspirators with the carpet supplier, the defendants remained liable for the supplier’s post-release actions that furthered the conspiracy, including a May 2007 refusal to sell.Sufficiency of AllegationsThe complaining dealer specifically alleged both an agreement to restrain trade and acts that furthered the conspiracy within the limitations period, the appellate court decided. [read post]
13 Mar 2011, 9:50 pm
The Act requires that the false statement impair “an obligation,” the court reasoned, not the defendant’s obligation. [read post]
21 Jun 2008, 11:18 pm
Meanwhile, Industry Minister Jim Prentice again defends his bill, this time in the Kingston Whig-Standard, where he notes that consumers will only be liable for $500 in damages for downloading five "non-lock-protected movies without authorization," yet neglects to acknowledge that the consumer faces $100,000 in statutory damages for transferring five DVDs that they have purchased to their video iPod. [read post]
21 Jun 2008, 11:18 pm
Meanwhile, Industry Minister Jim Prentice again defends his bill, this time in the Kingston Whig-Standard, where he notes that consumers will only be liable for $500 in damages for downloading five "non-lock-protected movies without authorization," yet neglects to acknowledge that the consumer faces $100,000 in statutory damages for transferring five DVDs that they have purchased to their video iPod. [read post]
27 Mar 2018, 9:21 am
The court warned that if colleges fail to protect students, they can be held liable. [read post]
10 Dec 2015, 6:27 pm
At trial, the jury found the first neurosurgeon 62% liable and the second neurosurgeon 40% liable for her death. [read post]
29 Jun 2019, 11:25 am
The plaintiff must also be able to show that the defendant’s departure from the applicable standard of care was the proximate cause of the plaintiff’s injuries. [read post]
14 Apr 2009, 1:27 pm
The two property owners are the defendants of the $10 million wrongful death lawsuit filed on behalf of 27-year-old Terri Knight. [read post]
