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19 Jul 2017, 10:08 am
Accordingly, each of the defendants will have to prove that they are not liable for Mrs. [read post]
When a physician fails to obtain a patient’s informed consent to perform a medical procedure, and something goes wrong during the procedure, resulting in an injury to the patient, the doctor may be liable under a medical battery theory of liability. [read post]
19 Jul 2017, 1:26 am by Florian Mueller
Just one example: its action against the contract manufacturers serves the purpose of showing to investors that it's pushing very hard to collect money, and since it's about shareholders' money, it might be that Qualcomm's decision was driven by fiduciary-duty obligations, though a preliminary injunction for the purpose of collecting money is so outlandish that I'm not sure anyone could have held them liable for not trying. [read post]
18 Jul 2017, 6:20 am by Rebecca Tushnet
Fischer also alleged that defendants intentionally removed copyright management information (“CMI”) from Fischer’s promotional brochure and the Fischer’s Bee-Quick bottle photos. [read post]
18 Jul 2017, 4:00 am by The Public Employment Law Press
An employer may be vicariously liable for an allegedly slanderous statement made by its employee2017 NY Slip Op 05353, Appellate Division, Fourth DepartmentThe Plaintiff in this action against a village and an employee of the village [Defendants] alleged that an employee of the village made defamatory remarks*concerning the Plaintiff in the course of her employment as an administrative assistant of the village.Addressing appeals concerning the disposition of motions for summary… [read post]
17 Jul 2017, 11:33 pm by WOLFGANG DEMINO
"A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [read post]
Jones, that the Government’s warrantless attachment of a GPS device to a vehicle violated the Fourth Amendment because the defendant had a reasonable expectation of privacy against such intrusion. [read post]
15 Jul 2017, 5:11 am
The court considered other jurisdictional definitions of parody before determining that the case in hand was not for the purpose of a parody because users are likely to be confused and the defendants intent was not humorous but aimed at embarrassing or punishing the plaintiff. [read post]
14 Jul 2017, 1:35 pm by Flaxman Law Group
If you are renting a property, however, keep in mind you are responsible for the tenant’s safety you may be held liable if a tenant or guest is injured on the property. [read post]
14 Jul 2017, 11:44 am by Eric Goldman
Thus, Defendants may be held liable for extortion without being treated as the publisher of any review. [read post]
14 Jul 2017, 9:01 am by Mays & Kerr LLC
He argued that he could not qualify as an employer under the FLSA, so he couldn’t be liable. [read post]
13 Jul 2017, 5:46 pm by Jason Weiner
This is particularly applicable in cases where the defendants mental capacity could be in serious question. [read post]
13 Jul 2017, 7:24 am by Helen Klein Murillo, Susan Hennessey
The Supreme Court explained the basic test: “a person is liable under §2 for aiding and abetting a crime if (and only if) he (1) takes an affirmative act in furtherance of that offense, (2) with the intent of facilitating the offense’s commission. [read post]
12 Jul 2017, 1:40 pm by Doorey
 The outcome is not a great surprise given the technical legal hurdles the plaintiffs faced in getting an Ontario court to hold a Canadian corporation liable for deaths and injuries suffered in a faraway country. [read post]
12 Jul 2017, 10:53 am by Law Offices of Robert Dixon
To prevail in such a claim, the plaintiff must establish the following elements:  i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care owed to the plaintiff; iii) the defendants breach was a direct cause of the plaintiff’s harm; and iv) actual damages resulted. [read post]