Search for: "Liable Defendant(s)"
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28 Aug 2017, 6:50 am
Court of Appeals for the Ninth Circuit recently held that a defendant could not be held vicariously liable under the federal Telephone Consumer Protection Act (TCPA) because the phone calls at issue were made by a company whose telemarketers were independent contractors, and thus were not acting as the defendant’s agents under the […] Hector E. [read post]
28 Aug 2017, 6:42 am
According to court records, plaintiffs and defendant driver attended a social gathering together at a friend’s apartment in May 2010. [read post]
28 Aug 2017, 6:10 am
"This holding reminds us that the ADA does not require the defendant to provide plaintiff with the best possible accommodation. [read post]
27 Aug 2017, 12:02 pm
One example would be where defendant is negligent in fixing plaintiff’s brakes. [read post]
27 Aug 2017, 5:18 am
So, where the court finds that an award of punitive damages is proper, the plaintiff can then seek discovery of the defendant’s assets, bank accounts, or other financial holdings to demonstrate to the jury what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. [read post]
27 Aug 2017, 3:28 am
In a case where the hit and run driver was apprehended and charged criminally, the evidence that supports the criminal conviction can be used in civil court to prove the defendant is liable for the person’s death. [read post]
25 Aug 2017, 11:54 am
An intentional tort is one where defendant is purposely harming plaintiff. [read post]
25 Aug 2017, 10:01 am
However, intoxication itself is not enough to lead to Post-Time’s liability under the Act. [read post]
25 Aug 2017, 10:01 am
However, intoxication itself is not enough to lead to Post-Time’s liability under the Act. [read post]
25 Aug 2017, 5:00 am
To hold directors liable under this standard, a plaintiff must “(1) demonstrate that the transaction amounted to corporate waste; or (2) demonstrate that the stockholder vote was uninformed or coerced. [read post]
25 Aug 2017, 12:00 am
To hold directors liable under this standard, a plaintiff must “(1) demonstrate that the transaction amounted to corporate waste; or (2) demonstrate that the stockholder vote was uninformed or coerced. [read post]
24 Aug 2017, 2:02 pm
” The court says Section 230 facially applies: “to hold Defendant responsible for the content of the advertisement would require holding a publisher liable as if he was the speaker of the content. [read post]
24 Aug 2017, 9:33 am
[Note the conceptual weirdness of this reasoning: the speech that the court specifically calls out as noncommercial is also the speech that was false, and for which HFAC was held strictly liable because the email as a whole was commercial speech. [read post]
24 Aug 2017, 4:18 am
Defendant city asserted, though, that Tenn. [read post]
24 Aug 2017, 1:34 am
Can a patentee be liable to a public health authority for the tort of causing loss by unlawful means, as a result of making misleading or dishonest representations to the EPO/Court as to the validity of a patent? [read post]
23 Aug 2017, 12:31 pm
However, by the time the defendant saw the plaintiff’s white truck, it was too late to stop, and the defendant crashed into the rear of the plaintiff’s truck. [read post]
23 Aug 2017, 10:09 am
They likened defendant bar to Cheers. [read post]
23 Aug 2017, 5:41 am
Meanwhile in New Jersey, plaintiff can seek full recovery against a defendant who is more than 60 percent liable, and then defendant could seek contribution from a tortfeasor after that for whatever was paid in excess of that pro rata share. [read post]
23 Aug 2017, 3:00 am
§ 1332(d)(A)(i)(II)(bb) does not require that the local defendant’s alleged conduct form a basis of each claim asserted; it requires the alleged conduct to form a significant basis of all the claims asserted. [read post]
22 Aug 2017, 8:14 pm
If a contract is so voided, "the insured is not liable for the payment of any past services rendered, or future services to be rendered, by the violating person under that contract or otherwise. [read post]
