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16 Jul 2010, 8:51 am
In the context of breach of fiduciary duty litigation, this old chestnut should be understood as meaning that the best way to defend fiduciaries against such claims is to present a long history of active oversight of investment and other decisions by the defendant fiduciaries. [read post]
16 Jun 2016, 9:53 am
This is because a court will not hold a defendant liable for the pre-existing condition itself, but it may hold a defendant liable for an aggravation of the pre-existing condition. [read post]
15 Nov 2015, 9:51 am
The insurance company provides indemnification for the defendant and will be required to pay the judgment to plaintiff if defendant is found liable. [read post]
17 Feb 2011, 3:58 pm
MySpace, which stands for the proposition that no matter what online third party communications were facilitated by the defendant, 230 says the defendant isn't liable for any resulting offline injuries. [read post]
5 Jun 2019, 1:50 pm
The doctrine of vicarious liability allows accident victims to hold one party liable for the negligent acts of another party, even if the employer was not alleged to be directly at fault for the plaintiff’s injuries. [read post]
10 Mar 2010, 12:30 pm
Let’s start with Bloate v. [read post]
15 Mar 2017, 1:58 pm
You case will involve collecting the necessary evidence to hold liable those who were at fault. [read post]
20 Aug 2016, 5:00 am
Furthermore, under its own mode of operation approach, a plaintiff can also show that the product was sold by or related to the defendant’s operations and that it was more likely that the defendant or its employees dropped the substance, rather than the customer. [read post]
26 Sep 2016, 9:13 am
Basically, a defendant cannot be held liable for any part of the damages exceeding his or her proportion of the fault. [read post]
12 Jan 2023, 12:16 pm
Not everyone agrees with Biden’s vision of a better future for US tech innovation, however. [read post]
21 Feb 2023, 3:23 pm
Many Section 230 defenders feared that the court might be eager to chip away at the statute’s protections, terrified that in the worst-case scenario, the Supreme Court could doom the Internet as we know it. [read post]
13 Jul 2011, 1:15 pm
Here are today's leading legal headlines from Wise Law on Twitter:Google+ Can Never Vanquish Facebook: 10 Reasons Why - eWeek - http://goo.gl/j4FsKComputer Security Experts: Phone Hacking Is Easy | TPM Idea Lab - http://goo.gl/2B9yYNew York clerk quits over same sex marriage - http://goo.gl/5L8ZhA new US law-enforcement tool: Facebook searches - Reuters Canada - http://goo.gl/yprUqWoman Sues Ex Over Facebook Breakup - Huffington Post -http://goo.gl/Um3tuDeath Penalty, Still Racist and… [read post]
8 May 2008, 1:26 am
Google’s main defense was that they can’t be found liable for violations under the ACPA because Google did not register, own or use the infringing domain names. [read post]
27 Aug 2014, 3:32 pm
The third element above, whether a purported employee was acting within the scope of his or her employment at the time of the injury, is often the most contested issue an individual faces when trying to hold an employer liable for the employee’s conduct. [read post]
6 Jan 2017, 4:00 am
In fact, an ADHD diagnosis only improves the victim’s case, not the defendants. [read post]
24 Oct 2014, 8:32 am
The Defendant PRG was found liable with the court finding the gangway was “both unusual and dangerous“. [read post]
2 Feb 2024, 4:00 am
Even then, liable parties will vigorously defend themselves, often by saying they were unaware of any deficiencies in the building. [read post]
18 Aug 2011, 10:48 am
Put another way, “Payments made to or benefits conferred on the injured party from other sources [i.e., those unconnected to the defendant] are not credited against the tortfeasor’s liability, although they cover all or a part of the harm for which the tortfeasor is liable. [read post]
30 Jan 2023, 9:28 am
If another driver in the same or similar circumstances could have avoided getting into an accident, it’s likely that the involved driver will be held liable. [read post]
17 Feb 2015, 2:17 am
” In other words, unless the contract expressly said General Mills was liable for CSX’s negligence, it could not be held responsible. [read post]