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15 May 2017, 9:22 am
The trial judge agreed with this reasoning and issued a summary judgment order in favor of those two defendants. [read post]
15 May 2017, 7:14 am
In fact, the court applied a specific rule called the firefighter’s rule, which prevents firefighters from holding public entities liable for their injuries. [read post]
15 May 2017, 1:06 am
By way of reminder, the three conditions which need to be satisfied for a defendant to be liable as a joint tortfeasor are:the defendant must have assisted in the commission of the act by the primary tortfeasor;the assistance must have been pursuant to a common design between the defendant and primary tortfeasor; andthe act must constitute a tort against the Claimant.The judge had "no doubt" that the defendants were joint tortfeasors.Groundless… [read post]
14 May 2017, 11:54 pm
Large manufacturers often have virtually unlimited litigation resources to defend against personal injury and wrongful death lawsuits. [read post]
13 May 2017, 7:00 am
The court noted that, under Tenth Circuit law, website providers may be held liable for content posted by a third-party if the provider “in some way specifically encourages development of what is offensive about the content. [read post]
12 May 2017, 9:38 am
The Kern court’s opinion reiterates the general rule that, to prove a TCPA claim under the theory of vicarious liability, a plaintiff must be able to demonstrate more than a mere nexus between a defendant and the alleged caller. [read post]
12 May 2017, 9:02 am
Regardless of the status of the plaintiff’s turn signal, the defendant did not do this, making him negligent and liable as a matter of law. [read post]
12 May 2017, 6:23 am
In order to establish that one person’s negligence is the proximate cause of another, a plaintiff must show there was: Defendant’s negligent act was the cause-in-fact (i.e., a reasonable certainty defendant’s actions caused the injury and injury would not have occurred but for defendant’s conduct); Defendant’s negligent act was the legal cause of injury (i.e., The injury was… [read post]
11 May 2017, 8:00 pm
Here is Jorge’s guest post. [read post]
11 May 2017, 11:45 am
” The judge entered judgment for the defendants on the jury’s verdict, and the Rushes appealed. [read post]
11 May 2017, 8:10 am
See More Posts: Accident Victims in Arkansas May Be Prevented from Naming Government Defendants in Personal Injury Lawsuits, Arkansas Injury Lawyer Blog, March 4, 2017. [read post]
11 May 2017, 5:53 am
The best way to get rid of a ridiculous claim is to vigorously defend. [read post]
11 May 2017, 4:00 am
An early procedural hurdle plaintiffs face in litigation is the defendant’s motion for summary judgment. [read post]
10 May 2017, 12:45 pm
Thus, the court reversed the trial court’s granting of the defendant’s summary judgment motion. [read post]
10 May 2017, 9:08 am
According to court records, the defendant in this case is the company whose sole owner is the plaintiff’s landlord and the dog owner’s employer. [read post]
10 May 2017, 8:17 am
More Blog Posts: Michigan Court to Decide Who Should be Liable When Robots Kill, Neumann Law Group, April 19, 2017. [read post]
10 May 2017, 7:31 am
However, any fine imposed can only be for the amount of money the plaintiff had to expend due to the defendant’s bad faith. [read post]
10 May 2017, 7:05 am
The makers of Xarelto will continue to push the blame-shifting defense of the learned intermediary doctrine, which holds that a drug manufacturer cannot be liable if it adequately warns the plaintiff’s doctor about the drug’s risks. [read post]
10 May 2017, 7:02 am
” When underage drinking is done in a motor vehicle, the court is also required to suspend the defendant’s driving privileges for 6 months. [read post]
10 May 2017, 7:02 am
” When underage drinking is done in a motor vehicle, the court is also required to suspend the defendant’s driving privileges for 6 months. [read post]
