Search for: "Liable Defendant(s)"
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2 Jun 2017, 8:13 am
The woman clearly had suffered a serious injury (as required by Section 5102 of the Insurance Law), but the law does not hold a defendant liable for damages he did not cause. [read post]
2 Jun 2017, 8:12 am
Plaintiff filed this action against defendant restaurant owner, claiming it was “vicariously liable for [the employee’s] actions and that it also was directly liable for negligent premises security and for negligently hiring and supervising [the employee]. [read post]
2 Jun 2017, 8:08 am
Pursuant to this exception, a plaintiff who has engaged in illegal conduct that proximately caused the plaintiff’s injuries may still seek recovery against the defendant if the defendant’s fault is greater than the plaintiff’s fault. [read post]
2 Jun 2017, 8:05 am
Jurors determined the defendants were 30 percent liable for the plaintiff’s injuries. [read post]
2 Jun 2017, 7:19 am
It also applies to out-of-state defendants and should be construed broadly. [read post]
2 Jun 2017, 5:29 am
This is an important distinction, because a defendant is only liable for negligent conduct or intentional conduct that results in personal injury. [read post]
2 Jun 2017, 4:33 am
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Thomas Berry urge the court to review a case in which the appeals court affirmed a “class certification, accepting the plaintiff’s theory that a single proof of illegal structuring would prove a fraud against every one of [the defendant]’s salespeople”; they argue that “it is dangerous to hold that someone can be liable for fraud without ever having… [read post]
1 Jun 2017, 2:34 pm
While observing that the CFPB had alleged that the defendants made misrepresentations about the debt relief services and that such allegations would be subject to Rule 9(b), it ruled that the CFPB had stated a substantial assistance claim under the TSR without such allegations because the defendants could be liable for providing substantial assistance even if they did not make such misrepresentations. [read post]
1 Jun 2017, 12:49 pm
Finally, the restaurant claimed that if Spelling sustained any damage as alleged in the complaint, the damage was caused by someone other than defendant. [read post]
1 Jun 2017, 12:14 pm
While the plaintiffs argued that the hotels should be held vicariously liable under the Telephone Consumer Protection Act (“TCPA”) for the calls made by USA, a Michigan federal judge dismissed their claims earlier this month, saying that even if USA’s prohibited calls were targeted to sell products or services offered by the hotels in USA’s list, the court could not reasonably infer that the hotels were vicariously liable. [read post]
1 Jun 2017, 12:14 pm
While the plaintiffs argued that the hotels should be held vicariously liable under the Telephone Consumer Protection Act (“TCPA”) for the calls made by USA, a Michigan federal judge dismissed their claims earlier this month, saying that even if USA’s prohibited calls were targeted to sell products or services offered by the hotels in USA’s list, the court could not reasonably infer that the hotels were vicariously liable. [read post]
1 Jun 2017, 9:26 am
As a result, the trial court properly admitted the evidence for the jury’s consideration, and the jury’s verdict was upheld. [read post]
1 Jun 2017, 9:01 am
The negligence claim based on the way DISA performed the drug test also failed because there was no agency relationship that would make Exxon liable for DISA’s actions. [read post]
1 Jun 2017, 2:58 am
Mar. 22, 2017), the Court of Appeals affirmed summary judgment in a negligence case, finding that defendant companies could not be held liable for the actions for what was determined to be an independent contractor. [read post]
31 May 2017, 2:02 pm
If it can be shown that someone’s negligence caused your injuries, they are liable for making you whole again. [read post]
31 May 2017, 10:44 am
The Camardas were certified to use defendant’s marks for 22 years and 14 years respectively. [read post]
31 May 2017, 10:13 am
So for example if the court deems pedestrian 20 percent liable for the incident that resulted in his or her injuries, the other 80 percent in damages would still be recoverable from the at-fault driver or other defendants. [read post]
31 May 2017, 7:19 am
The state’s court of appeals agreed with the defendants and dismissed the lawsuit, finding the case was barred under the firefighter’s rule. [read post]
31 May 2017, 7:19 am
The state’s court of appeals agreed with the defendants and dismissed the lawsuit, finding the case was barred under the firefighter’s rule. [read post]
30 May 2017, 10:33 pm
BREAKING: Supreme Court limits US patentee's forum shopping capabilities Annsley Merelle Ward breaks the news on the judgement TC Heartland LLC v Kraft Foods Group Brands LLC (2017), where it was held that the provisions on the definition of residence of a defendant have to be interpreted narrowly, as place of residence refers to the State of incorporation.Shinder, Shinder, Shinder … will you ever be like Tinder? [read post]
