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20 May 2022, 6:00 am by Florian Mueller
I do, however, recall a speaker from Continental discuss this case at a recent Frankfurt "Auto IP" conference.Munich is arguably he world's #1 SEP enforcement hotspot, also when automakers are the defendants. [read post]
15 Dec 2011, 8:18 am
The open and obvious doctrine says defendants are not liable for hazards that are open and obvious; the deliberate-encounter exception says the defendant can be liable if it can reasonably foresee that the plaintiff will deliberately encounter the hazard at issue, and should warn or provide him with mitigation like a safety harness. [read post]
14 Apr 2017, 1:13 pm by Rachel Adams Ladeau
Relying on principles from the Restatements (Second) of Torts and Agency, and Title VII of the Civil Rights Act of 1964, the court held that Illinois’s negligent hiring, supervision, and retention law was broad enough to allow Cooper’s employer to be held liable for his actions. [read post]
This means the company’s procedures, including the risk assessment, need to be documented and subject to periodic review. [read post]
13 Jan 2012, 7:06 am by William A. Ruskin
S177401, 1/12/12 In summary, California's high court reaffirmed the principle that a product manufacturer may not be held strictly liable or negligent for harm caused by another maker's product, except where the defendant has some direct responsibility for the harm. [read post]
16 Mar 2010, 11:50 am by MacIsaac
  The tenor of the correspondence throughout was that the Department of Justice was acting for both the defendant Taylor and the statutorily liable government representative. [read post]
28 Nov 2016, 5:00 am by blackfin
In this case, each defendants insurance policy limits would be used to pay damages. [read post]
28 Nov 2016, 5:00 am by blackfin
In this case, each defendants insurance policy limits would be used to pay damages. [read post]
28 Nov 2016, 5:00 am by blackfin
In this case, each defendants insurance policy limits would be used to pay damages. [read post]
28 Nov 2016, 5:00 am by blackfin
In this case, each defendants insurance policy limits would be used to pay damages. [read post]
13 Aug 2021, 2:50 pm by Jeff DeFrancisco
He subsequently filed a lawsuit alleging the defendant driver was negligent and the defendant company was vicariously liable for his negligence. [read post]
28 Nov 2016, 5:00 am by blackfin
In this case, each defendants insurance policy limits would be used to pay damages. [read post]
28 Nov 2016, 5:00 am by blackfin
In this case, each defendants insurance policy limits would be used to pay damages. [read post]
22 Feb 2017, 12:29 pm by Parr Richey Frandsen Patterson Kruse LLP
Thus, any assertion that her fall was caused by the defendants negligence was “mere speculation,” which is an insufficient basis for liability. [read post]
15 Mar 2015, 11:12 am by Stephen Bilkis
It will hold an owner or general contractor liable if it is shown that the owner and/or general contractors exercised a certain degree of supervisory control over the worker’s activities. [read post]
13 Aug 2013, 9:00 am by Kristen Bartlett
” The Second Circuit also rejected defendants’ argument that, as investment advisers, they could not be held primarily liable for fraud because they did not directly communicate with the mutual funds. [read post]
15 Mar 2021, 5:03 am by Eugene Volokh
It should apply in some measure to private-figure libel compensatory damages cases that are based on the defendant's negligence, and not just to cases that are based on the defendant's "actual malice. [read post]
16 May 2016, 7:34 am by Lebowitz & Mzhen
The Issue at Trial The issue at trial was whether the defendant nurses – who were not in charge of caring for the deceased – could be held liable under the AVAA for failing to report and follow up on abuse they witnessed. [read post]
18 Mar 2010, 2:40 am
Having failed to execute judgment against the Turkish company, W went after the second and third defendants on the basis that, as the Turkish company's chairman and vice-chairman respectively, they were sufficiently involved in the infringement of copyright to be made personally liable. [read post]
14 Jul 2024, 11:48 am by Stuart Kaplow
In a 34 page memorandum explaining that analysis, the Court granted the defendants’ Motion to Dismiss Plaintiff’s Complaint for Failure to State a Claim Upon Which Relief Can Be Granted. [read post]