Search for: "Liable Defendant(s)"
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18 Jan 2016, 1:17 pm
This happens when a plaintiff pleads facts that permit the court to infer that the defendant is liable for the wrongdoing that is claimed. [read post]
24 Aug 2012, 5:59 pm
Franchise agreements often contain provisions requiring the franchisee to defend, indemnify, and hold harmless the franchisor against claims arising from the franchisee’s operations, including employment related claims. [read post]
10 Aug 2012, 7:00 am
Defendant argued based on the Restatement (Second) of Torts that because the tree was not located in an urban area, the defendant could not be liable for plaintiffs' injuries as a matter of law. [read post]
15 Jul 2016, 12:53 pm
The trial court found that the facts showed the sidewalk offset was not a dangerous condition giving rise to either defendant’s liability. [read post]
28 Sep 2009, 7:25 am
More support for the criticism of Nesson’s job defending Tenenbaum comes today with the news that the judge in Tenenbaum’s case ordered defendants who did not even bother to defend file sharing charges to pay the minimum penalties allowed under the Copyright Act, prompting Ars Technica to point out that Tenenbaum and others like him “would have been far better off monetarily if they had simply ignored the complaint altogether… [read post]
4 May 2009, 9:34 am
A tort is a wrongful act that creates the basis for liability against a defendant. [read post]
20 Oct 2016, 10:26 am
A recent Tennessee undue influence case proves that establishing undue influence requires more than proving that the person who was allegedly unduly influenced totally trusted the defendant. [read post]
21 Oct 2010, 2:18 am
This has been illustrated in a number of UDRP cases unsuccessfully defended. [read post]
15 May 2012, 8:50 am
It required an investigation by the FBI's Atlanta Bureau to finally uncover the horrible treatment of elderly residents at the Houser's three Georgia nursing homes. [read post]
3 Apr 2016, 7:17 am
In the hours before the car accident, the at-fault driver was a patron at defendant’s establishment. [read post]
28 Apr 2019, 4:00 am
At the trial, the parties agreed that Koontz’s reconventional demand would be decided by a judge should the jury find that Vince was liable for the accident. [read post]
21 Sep 2017, 4:31 am
What message will it send if the jury’s verdict in this case is thrown out on appeal and the Defendants get to gloat that they have been vindicated? [read post]
1 Mar 2016, 7:29 am
The defendant county filed a plea to the trial court’s jurisdiction over the case, asking that the case be dismissed. [read post]
5 Jun 2010, 8:27 am
That’s what happened in this case: After several hours of questioning during which the defendant remained silent, he answered only one question, and his answer was used against him in his trial. [read post]
23 Jul 2018, 4:17 pm
Supreme Court ruled the defendant wasn’t liable for infringement because the defendant’s customers’ acts all took place abroad and that the defendant did not make, use, sell, or offer to sell the entire patented machine in the U.S., nor did it induce or contribute to infringing acts that occurred in the U.S. [read post]
1 Oct 2008, 2:41 pm
Brillon Issue: Whether delays caused by a public defender can deprive a criminal defendant of his right to a speedy trial. [read post]
1 Sep 2010, 6:31 pm
Although jurors didn’t that find either RJ Reynolds or Philip Morris had been negligent, they did hold them 55% liable for Charles’s death. [read post]
15 Jan 2016, 11:31 am
The trial court granted the defendants’ motion for summary judgment, finding that these defendants had no notice of the elevator defect prior to the accident, had a program for regularly inspecting and servicing the elevator, had no superior knowledge regarding the functioning of the elevator, and could not be held vicariously liable for Kone’s alleged negligence. [read post]
24 Jul 2013, 6:26 am
Under the False Claims Act, a defendant is liable for treble damages as well as between $5,500 and $11,000 for each individual false claim. [read post]
17 Jul 2018, 7:49 am
It’s actually quite simple. [read post]