Search for: "Liable Defendant(s)"
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17 Aug 2022, 5:39 am
In order for a person to be held liable in a civil wrongful death suit, the wrongful death attorney for the plaintiff must prove that the defendant is responsible by a “preponderance of the evidence. [read post]
7 Jun 2019, 11:07 am
It’s also not new ground, but the DC Circuit clearly says that Section 230 applies even when the defendant knows about problematic content. [read post]
20 Apr 2020, 1:40 pm
“Disgorgement of profits is appropriate only if it is equitable and the defendant’s profits are attributable to the Lanham Act violation. [read post]
10 Jun 2014, 4:06 am
Terry Branstad's office for making work comp the political scape goat it seems to be in most other states by finding that the governor and five senior aides could be found personally liable for damages claimed by former Workers’ Compensation Commissioner Christopher Godfrey.Godfrey was appointed to a six-year term as Workers’ Compensation Commissioner in 2009 by Democratic Gov. [read post]
17 Nov 2017, 1:46 pm
[page 456] Conway, n182 the court considered whether a tweet was defamatory in the context of the entire conversation. n183 Feld, the plaintiff, arranged to have a horse breeder ship her horse to a farm to become a companion horse, but the horse was instead shipped to Canada and potentially slaughtered. n184 The mishap became the topic of an ongoing online debate. n185 Conway, the defendant, entered into the debate and posted the allegedly defamatory tweet. n186 Feld's… [read post]
29 May 2018, 12:00 am
” Section 20(a) imposes liability on every person who controls anyone liable under any provision of the Exchange Act; therefore, to sustain their Section 20(a) claim, Plaintiffs must first show Defendants violated Section 14(a) of the Exchange Act. [read post]
23 Apr 2014, 7:44 am
Novel , the dispositionwhich statesBecause we agree with Novel that the district courterred in its construction of the claim term “clinicallysignificant electrolyte shifts,” we reverse the districtcourt’s claim construction of that term, vacate the districtcourt’s grant of summary judgment of infringement, andremand for further factual findings to determine whetherthe composition covered by Novel’s ANDA product infringesunder the new claim… [read post]
28 Sep 2011, 12:34 pm
The defendants named in the negligence suit included Seniors Healthcare, Inc. [read post]
28 Sep 2011, 12:24 pm
The defendants named in the negligence suit included Seniors Healthcare, Inc. [read post]
24 Jun 2014, 12:00 am
All of the defendants consented to the proposed consent judgments, which found that they were jointly and severally liable for over $600 million. [read post]
1 Jun 2015, 2:31 pm
According to Black's Law Dictionary, CULPABILITY means moral blame worthiness; the mental state that must be proved for a defendant to be held liable for a crime.How does this work in real life? [read post]
22 Feb 2018, 1:57 pm
Feb. 8, 2018)After a jury trial finding Zazzle liable for copyright infringement for producing goods with user-uploaded images, the court granted a preliminary injunction. [read post]
CA Supreme Court Holds That Song-Beverly Does Not Apply To Online Purchases For Electronic Downloads
5 Feb 2013, 1:11 pm
On Monday, the California Supreme Court, by a slim 4-3 majority, held that California’s Song-Beverly Credit Card Act of 1971 (“Song-Beverly”) does not apply to online purchases in which a product is downloaded electronically, finding that Apple was not liable under the statute for collecting plaintiff Krescent’s telephone number and address in order to complete credit card purchases of various digital downloads from the iTunes store. [read post]
25 Dec 2012, 1:54 pm
Now, the defendant is appealing to our nation’s highest court, contending that “scores” of courts, both state and federal, had turned down the 1st Circuit’s claim that generic drug makers can be liable under the laws of a state for refusing to cease the sale of products that have federal government approval. [read post]
14 Jun 2013, 10:32 am
In that case, the burden is on the government to prove that you are in fact really liable for the forfeiture, which gives you an arguable advantage going in. [read post]
30 Jan 2015, 5:54 pm
” Here, the buyers argued they did not “take” the petitioner's property—the sale never closed—and they could not be liable under the statute. [read post]
8 Nov 2012, 5:03 am
A policy that underscores that burden by requiring employees to document times during which they are working “off-the-clock” can only help an employer defend against an employee’s claim for compensation for unreported, off-the-clock time. [read post]
18 Feb 2014, 5:53 pm
Otherwise, they may find themselves the defendant of a Boston premises liability case. [read post]
12 Jan 2021, 2:39 pm
The court granted the defendant’s motion, and he appealed. [read post]
24 May 2023, 1:13 pm
FedEx, for example, would be liable for continuing to deliver packages to MindGeek’s address. [read post]
