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23 Oct 2017, 1:18 pm
., the case is disposed of by the trial court on motion by the defendants and the plaintiff appeals the award of summary judgment) or denied (i.e., the defendant files a motion for summary judgment which is denied by the trial court and the defendant appeals the denial of its summary judgment motion). [read post]
23 Oct 2017, 9:41 am
However, a conclusion of this kind would contradict what is stated at paragraph 34 of GS Media itself, ie that the assessment of whether a link provider can be liable under Article 3(1) of the InfoSoc Directive must be individualized and take account of several complementary criteria that “may, in different situations, be present to widely varying degrees”.Loulou'sunauthorizedtelephone caseAccording to the court, in the case at issue it would be… [read post]
23 Oct 2017, 8:53 am
Thus a defendant will not be liable if the causal chain is broken by some intervening or superseding factor. [read post]
23 Oct 2017, 8:53 am
Thus a defendant will not be liable if the causal chain is broken by some intervening or superseding factor. [read post]
23 Oct 2017, 5:30 am
One of the emerging issues in personal injury law is the issue of who’s liable when you are struck and injured by a driver who was distracted due to texting. [read post]
23 Oct 2017, 4:23 am
Moreover, despite the plaintiff’s assertions in opposition to the defendants’ CPLR 4401 motion, the record does not demonstrate that the defendants conceded that the offending vehicle was owned by or leased from Volvo. [read post]
23 Oct 2017, 3:31 am
The court’s lone dissenter would have denied the defendant’s summary judgment motion, and would have held that the defendant did not sustain his initial burden on a summary judgment motion, based on defendant’s inclusion of plaintiff’s deposition in support of defendant’s motion, in which the plaintiff testified that he and the defendant initially agreed to a 50/50… [read post]
22 Oct 2017, 4:16 pm
Hanna 2017 BCSC 1739 Funt J found that the defendants were jointly liable for defamatory publications on the internet. [read post]
22 Oct 2017, 12:08 pm
North Carolina's Rule 14 says: At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. [read post]
22 Oct 2017, 6:29 am
This is based upon a law that makes employers liable for the negligent conduct of their employees so long as the employees were acting in furtherance of their employer’s interests. [read post]
22 Oct 2017, 5:05 am
Loulou's unauthorized telephone caseAccording to the court, in the case at issue it would be “unreasonable” and “economically unjustifiable” to expect that the defendant carries out such checks in relation to each and every content (automatically) linked to, including content hosted on a platform like Amazon.The defendant’s business model – including the fact that the content is not ‘incorporated’ to look as the… [read post]
21 Oct 2017, 5:44 pm
Importantly it noted that “Prudential now has possession of Sherry Bailey’s allegedly converted funds and it is potentially liable for conversion. [read post]
21 Oct 2017, 6:39 am
In these cases, the employer can be held vicariously liable for the worker’s negligence. [read post]
20 Oct 2017, 7:05 am
The defendant’s car insurance company will have to pay the plaintiff, but the defendant will not go to jail or prison. [read post]
20 Oct 2017, 4:55 am
In the well-known phrase, “today’s news is tomorrow’s fish and chip papers”. [read post]
19 Oct 2017, 5:06 am
European Digital Rights, which says it seeks to "defend rights and freedoms in the digital environment", is a leading voice on that side of the debate. [read post]
18 Oct 2017, 6:25 pm
Plus, it looked to the court like there was substantial record evidence that the general manager acted as an “alter ego” of the hotel, holding a high-level position as an owner and general manager, to render the hotel strictly liable for his behavior. [read post]
18 Oct 2017, 9:07 am
Ultimately, the court resolved the issue in favor of the government defendant, and the plaintiff’s case was dismissed. [read post]
18 Oct 2017, 9:07 am
Ultimately, the court resolved the issue in favor of the government defendant, and the plaintiff’s case was dismissed. [read post]
18 Oct 2017, 9:05 am
Under the doctrine of vicarious liability, the company could be held indirectly liable for the driver’s negligent acts. [read post]
