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29 Nov 2017, 4:23 pm by Jeff Kern and Kate Ross*
One is the rationale that it is unfair to hold corporations liable for wrongdoing because shareholders ultimately end up footing the bill, a view held by Clayton. [read post]
29 Nov 2017, 10:44 am by Jeff DeFrancisco
In addition to the orthopedic surgeon, the complaint names the medical clinic as a defendant as being vicariously liable for the surgeon’s malpractice under the doctrine of respondeat superior. [read post]
29 Nov 2017, 1:44 am
 In doing so, the patentee neither tarnishes the name of the defendant nor breaches any other principle of tortious liability towards the defendant. [read post]
28 Nov 2017, 1:33 pm by Eugene Volokh
The question of whether such a “John Doe” defendant should be unmasked usually arises before judgment, while the case is pending; here, it arose after defendant was found liable for copyright infringement, and an injunction was issued. [read post]
27 Nov 2017, 3:05 pm by Kevin LaCroix
  A brief overview of advancement and indemnification Advancement refers to the employee’s right to have the corporation pay his or her expenses in defending a claim as they are incurred. [read post]
27 Nov 2017, 8:20 am by Lebowitz & Mzhen
If the truck driver was working at the time of the collision, the driver’s employer may also be liable for your injuries. [read post]
27 Nov 2017, 7:45 am by Friedman, Rodman & Frank, P.A.
The case went to trial, and a jury determined that the sports club and the county were each 50% liable for the plaintiff’s injuries and that the plaintiff was 0% at fault. [read post]
27 Nov 2017, 7:17 am by Phillips & Associates
The Texas Supreme Court ruled earlier this year that the state’s employment statute does not preempt an employee’s tort claim alleging sexual assault by a supervisor when “the gravamen of a plaintiff’s claim is not harassment, but rather assault. [read post]
27 Nov 2017, 7:02 am by Law Offices of Jeffrey S. Glassman
Once the defendants criminal case is terminated either by a dismissal, plea, conviction, or acquittal. [read post]
26 Nov 2017, 5:34 pm by Annemarie Bridy
For there to be inducement liability, however, there must be an underlying direct infringement that the defendants conduct induced. [read post]
25 Nov 2017, 9:52 am by Associates and Bruce L. Scheiner
The court considered: Foreseeability of harm to plaintiff; Degree of certainty that plaintiff would suffer injury; Closeness of connection between defendants conduct and the injury suffered; Moral blame attached to defendants conduct; Policy of preventing future harm; Extent of burden on defendant; Consequences to community of imposing a duty of care with resulting liability for breach. [read post]
24 Nov 2017, 2:39 am by Hirsch & Lyon
This can all be rather complicated to understand, at first glance, so let’s go through a quick example for clarification. [read post]
23 Nov 2017, 8:29 am by Lebowitz & Mzhen
The issue the court needed to decide was whether the defendant landowner could be held liable for the plaintiff’s injuries when there was no evidence suggesting the landowner knew of the hazard that caused the plaintiff’s fall. [read post]
23 Nov 2017, 8:15 am by Lebowitz & Mzhen
Governments are responsible to safely construct roads, and they may be held liable for some dangerous conditions. [read post]