Search for: "Liable Defendant(s)"
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29 Mar 2018, 7:34 am
If more than one entity deemed liable, it’s typically up to the court to ascertain the percentage of fault each defendant shares. [read post]
20 May 2010, 4:12 pm
Whether a defendant’s conduct is so egregious that it constitutes the tort of outrage is normally a jury question. [read post]
31 Oct 2011, 10:30 am
Now here’s the rub. [read post]
19 Apr 2013, 1:30 pm
Nor did defendant's status as plaintiff's employer create a duty. [read post]
16 Aug 2006, 6:12 am
We do not here discuss the Circuit Court’s application of its new rule to the case before it; we note, however, that the Court explained that even though a defendant’s conduct must be considered in the context of the alleged scheme to defraud, a determination of whether a particular defendant is a “primary violator” of § 10(b) requires that the defendant’s conduct “be viewed alone for whether it had the… [read post]
18 Nov 2011, 11:34 am
O’Neil, which was argued on November 9, presents the following issue: Whether the defendants, who manufactured valves and pumps that the Navy installed on its ships in the 1940’s, can be strictly liable for injuries that allegedly occurred when a Navy seaman was exposed in the 1960’s to asbestos fibers released from insulation and sealants that the Navy used in conjunction with the defendants’ valves and pumps. [read post]
18 Aug 2011, 4:10 pm
If a business is told that it will be held liable for injuring people, it’s likely to take precautions that diminish the risk of such injury. [read post]
8 Mar 2019, 1:30 pm
Conviction vacated, but it's up to the trial court whether defendant can be retried. [read post]
26 Oct 2018, 5:50 am
Keep in mind that as an accomplice you are liable for the underlying felony. [read post]
25 Aug 2020, 12:21 pm
These questions were not ignored by the lower court’s preliminary injunction ruling, noting that, “[t]he Court does not take lightly Defendants’ showing that a preliminary injunction may also have an adverse effect on some of their drivers, many of whom desire the flexibility to continue working as they have in the past, and may have commitments that make it difficult if not impossible for them to become full-time employees”. [read post]
8 Feb 2009, 8:03 pm
The lawsuit came five years after the first letter; the unit owner defended based upon laches, and waiver.Park Ridge Condominium Association, Inc. v. [read post]
9 Aug 2011, 2:51 pm
SOURCE: Dallas Court of Appeals - 05-09-01310-CV - 8/8/11 In its no-evidence summary judgment motion, [ Defendant - Department Store ] asserted that there was no evidence of the following elements of [ Shopper's ] premises liability claim: (1) a condition on the premises posed an unreasonable risk of harm; (2) [ Defendant - Department Store ] knew or reasonably should have known of the danger; (3) [ Defendant - Department Store ] breached its duty of… [read post]
16 Jan 2013, 4:30 am
Today’s metoclopramide case, Gardley-Starks v. [read post]
3 Jul 2019, 8:03 am
Plaintiff’s service provider, Weebly, Inc., determined that Defendant Serna’s claims were false and restored the website. [read post]
21 Nov 2023, 10:57 am
This statute holds dog owners strictly liable if their dog bites someone, regardless of the dog’s past behavior or the owner’s knowledge of any aggression. [read post]
23 Apr 2024, 7:51 am
Rather, the judge held that accepting defendant’s argument that plaintiff consented merely by visiting defendant’s website would essentially swallow the statutory definition of a pen register. [read post]
3 Feb 2017, 1:48 pm
Because Bagley the defendant has insurance, Bagley’s insurer is [interested] because it would have to pay the judgment to the husband’s estate if Bagley (again the defendant) is liable. [read post]
5 Feb 2018, 12:29 pm
The result is a situation in which there may be multiple victims, as well as several motorists who are partially liable for a single accident. [read post]
14 Jan 2015, 10:17 am
A jury cannot award attorneys’ fees and a defendant is not obligated to pay them, even where the defendant was found liable by a jury. [read post]
10 Sep 2021, 3:56 am
In the subject case, the plaintiff alleged that the defendant supervisor and manager were liable for her emotional distress because they failed to enforce the restaurant’s drug policy, and such omissions caused the decedent’s death and the plaintiff’s resulting emotional trauma. [read post]
