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20 Jun 2021, 6:35 am by David Adelstein
, the defendants negligence needs to be the proximate cause of the plaintiff’s injury] and to the defense of comparative fault  [i.e., a party is liable for the damages they caused per Florida Statute s. 768.81]; (4) that “losses” recoverable under the Act can include purely economic damages, independent of personal injury or property damage; and (5) that the Act does not create a cause of action for “statutory… [read post]
16 Oct 2019, 12:23 pm by Maurer Law
The defendant based its motion for summary judgment on the theory that the danger was open and obvious and that the defendant is not liable under premises liability law for open and obvious dangers. [read post]
24 Jan 2014, 12:57 am by Kevin LaCroix
 If the BJR applies, directors and officers should not be liable for the quality or results of their decisions, but only the process used to make the decision. [read post]
23 Aug 2016, 6:10 am by Mark S. Humphreys
But for an adjuster to be held individually liable, they have to have committed some act that is prohibited by the section, not just be connected to an insurance company's denial of coverage. [read post]
29 Jan 2014, 2:29 am by Matrix Legal Information Team
The appeal also concerned a second question of whether knowingly handling dutiable goods that duty has been evaded on confers a benefit to the defendant for the purposes of the Proceeds of Crime Act 2002, s 158. [read post]
30 Dec 2009, 7:03 am by Andrew Frisch
  Answering this question in the negative, the Court stated, “The Court is unaware of any case in the Ninth Circuit regarding whether an individual supervisor may be held liable for contribution or indemnity to another defendant who may be liable for violations of the FLSA. [read post]
25 Oct 2022, 6:00 am by patrickdaniellaw
Multiple defendants may be liable in a truck accident lawsuit. [read post]
 Therefore, the reasoning of the majority in Kiobel, that unless a corporate defendant would be directly liable for its conduct under international law then it cannot be liable under the ATS, is contrary to Sosa and a host of other precedents. [read post]
29 Oct 2010, 4:59 am by John Hochfelder
This is what a typical ACL (anterior cruciate ligament) reconstruction surgery with tendon graft looks like:   This week, New York's highest court, the Court of Appeals, weighed in and reinstated the case ruling that there was a valid line of reasoning to support the jury verdict finding defendants liable. [read post]
21 Mar 2011, 5:27 am by Andrew Frisch
I do, however, conclude that defendants will not be prejudiced by any tolling because they have been on notice since the complaint was served in March, 2010, that they were potentially liable for 2007 FLSA claims. [read post]
25 Nov 2018, 4:06 am by Dennis Crouch
At trial, the patentee showed that the defendant knew of the patents and had been informed that its products were infringing once combined into TVs. [read post]
15 Dec 2017, 12:13 pm by Sharifi Firm, PLC
California’s Approach to Seatbelt Non-Use Evidence California takes an interesting approach when it comes to seatbelt non-use evidence in that courts allow a defendant to argue that a plaintiff’s failure to wear a seatbelt should factor into the jury’s determination of the reasonableness of the plaintiff’s conduct. [read post]
19 Apr 2011, 8:46 am by Mike Scarcella
Monzel’s attorneys said no more than $100 in restitution is appropriate because the government failed to show the portion of losses for which Monzel is liable, according to court records. [read post]
11 May 2012, 8:07 am
In most states, the following four elements must be established to prevail on a wrongful death claim: 1.The death was caused, either wholly or partially, by the defendant's wrongful act or acts. 2.The defendant acted negligently in causing the victim's death or can be held strictly liable. 3.The victim has a surviving spouse, children, or other dependents who have legal standing to file a lawsuit. 4.Survivors can prove measurable damages… [read post]
14 Nov 2014, 8:40 am by Venkat Balasubramani
Second, defendant argued that it complied with California’s privacy statute and this insulates it. [read post]
2 Mar 2022, 4:26 am by SHG
* Although the Final Judgment ultimately rests on the Court’s dismissal of the action under Rule 50, that legal conclusion is reinforced by the jury’s verdict that defendants are not-liable. [read post]