Search for: "Liable Defendant(s)"
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12 Mar 2012, 11:00 am
The court rejected this particular defendant’s argument and ruled that the defendant should not be relieved of liability under the Act “merely because it hired a different firm to send advertisements to its customers. [read post]
25 Jul 2010, 7:01 pm
In a recent New York federal drug trafficking case, a defendant was prosecuted for conspiring to bring drugs into the Unites States although it was only a co-conspirator who actually planned to do that and the defendant was not even aware of the co-conspirator’s existence. [read post]
9 Apr 2007, 1:26 am
In this case, the defendants made a prima facie showing, through the plaintiff's testimony and the photographs identified by her as accurately depicting the condition of the curb cut at the time of the accident, that the alleged defect did not constitute a trap or nuisance and was merely a trivial defect which was not actionable as a matter of law. [read post]
6 May 2009, 11:42 pm
An update in the Naue burial civil trespass case - Among the motions granted last week by 5th Circuit Judge Kathleen Watanabe were Brescia's ones to name certain Kauaians in the trespassing suit by default, and to order them not to trespass or obstruct construction.The motions also affirmed that many of those named in the case, including Edens-Huff, have no title to Brescia's property, as they had argued.Motions to set aside the charges by attorneys for Edens-Huff, Hale… [read post]
12 Oct 2011, 10:01 pm
” It seems evident that if a plaintiff filed a civil suit against PD Notebook in the states, then, PD Notebook would be found liable. [read post]
15 Jan 2015, 7:00 am
A hospital may be directly liable if it failed to review the doctor’s history prior to hiring or if it failed to provide training to the doctor or staff. [read post]
20 Jun 2020, 3:01 pm
On July 18, 2016, Smith brought the instant suit against Kelley in the Superior Court, seeking a declaratory judgment that Kelley was personally liable for the P.C.'s liabilities as a successor in interest to the P.C. [read post]
10 Oct 2014, 3:00 am
Last week, Judge Dearie denied the defendants' motion for summary judgment on the federal claims. [read post]
10 Jun 2010, 5:00 am
This broad reading also should affect the case in which the plaintiff adds a new defendant who is liable in addition to the defendant named (as opposed to replacing the named defendant). [read post]
2 Sep 2011, 3:41 pm
As a result thereof, the Plaintiff is liable for all natural, proximate and consequential damages due to their negligence. [read post]
22 Aug 2017, 6:23 am
The Sixth Circuit first found that Sec. 2412(d)(1)(D) (the fee-shifting section) applied, regardless of the government’s argument that it did not because the False Claim Act provision referencing its applicability is entitled, “Fees and expenses to prevailing defendant,” and the general contractor was not technically a prevailing defendant because the district court on remand entered a judgment of $14.7K in the government’s favor. [read post]
20 Aug 2008, 11:24 pm
The Court rejected the defendants' contention. [read post]
6 Sep 2022, 4:42 am
Although the third-party petition alleged Ark’s president operated Ark as his alter ego, it did not seek to hold Ark liable for the president’s conduct (only vice versa). [read post]
19 May 2017, 12:53 pm
Secretary of Defense James Mattis stated the strike was necessary to defend U.S. troops and allies, saying “We are not increasing our role in the Syrian civil war, but we will defend our troops. [read post]
17 Mar 2015, 12:31 pm
A defendant should only be liable for malicious falsehood if the falsehood represents one of the possible correct meanings of the defendant’s words and the defendant intended to convey that falsehood. [read post]
1 Feb 2017, 9:25 am
In addition, some plaintiffs will be entitled to punitive damages if the defendant’s conduct was especially egregious. [read post]
1 Jun 2009, 10:03 am
Another part of the Act exposes an employer to liable for using a hiring or promotional standard that has a "disparate impact on the basis of race," unless it can be defended as a "business necessity. [read post]
11 Jul 2011, 6:20 am
In other words, if it is more likely than not that a defendant was the killer, he is found liable, though he cannot be found guilty on that lesser standard.That is why it was perfectly rational, though difficult for many to understand, for a civil jury to have found O.J. [read post]
10 Dec 2008, 1:41 am
The jury found that the defendant had acted with malice, but only in regards to the Labor Code violations and not on the conduct underlying Brewer's age discrimination claim. [read post]
23 Aug 2010, 2:56 am
"In the instant case, "actual damages" have not been determined, since judgment has not been entered against Smul and the Smul Trust in this action, and, according to the fourth-party defendants, litigation is also pending in Florida, that might affect the amount, if any, for which Smul is liable to the plaintiff and/or the third-party plaintiffs. [read post]
