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2 Dec 2012, 9:23 pm
That cases involves the following questions: (1) May the continuing violation doctrine, under which a defendant may be held liable for actions that take place outside the limitations period if those actions are sufficiently linked to unlawful conduct within the limitations period, be asserted in an action under the Unfair Competition Law (Bus. [read post]
18 Dec 2020, 12:55 pm
In the case, the plaintiffs were elderly individuals who received in-home care services from the defendant’s company. [read post]
5 Jun 2009, 2:47 am
The SIR was deemed to operate in accordance with the terms and conditions of a primary policy issued by Wyeth's product liability insurer for the period 1976-1977.The primary policy required the primary insurer to defend Wyeth against lawsuits for bodily injury caused by an “occurrence. [read post]
31 Jul 2015, 8:06 am
It held that the defendant lacked "actual knowledge" of the complainant's need for a religious accommodation because she failed to request it, and the defendant therefore could not be liable for religious discrimination under Title VII. 731 F.3d 1106 (10th Cir. 2013). [read post]
26 Jul 2017, 8:00 am
A government entity can be liable in tort, however, if it takes an affirmative step to create a duty. [read post]
10 Jul 2014, 10:54 am
In Florida, it is legal to use force when defending oneself or one’s property and under the state’s “Stand Your Ground” law, Florida clarifies that people do not have to retreat if they are threatened. [read post]
8 Jun 2010, 1:34 pm
The Third Circuit held that to be liable under section 324A, “the defendant must have assumed an affirmative duty to be liable to third parties for negligently performing that duty. [read post]
14 Feb 2020, 1:31 pm
Antonio Rosa Lule, drove a forklift with the responsibility of unloading the bins from Alaniz’s truck. [read post]
15 Jan 2019, 4:01 pm
Actual knowledge refers to the defendant’s true knowledge of a hazard. [read post]
17 Jul 2018, 12:57 pm
Schrock, 341 Or. 338, 350 (2006) (holding “that a lawyer acting on behalf of a client and within the scope of the lawyer-client relationship is protected by such a privilege and is not liable for assisting the client in conduct that breaches the client’s fiduciary duty to a third party”). [read post]
9 Apr 2021, 10:50 am
The plaintiff then filed a lawsuit against the defendant, arguing it was vicariously liable for the driver’s negligent acts that led to the accident. [read post]
8 May 2011, 4:29 pm
If a plaintiff is found to be 50% (or less) liable, each defendant shall be liable for their proportionate total dollar amount awarded as damages. [read post]
24 May 2012, 2:58 pm
While attorneys for the defendants argued that the award should be reduced because of a comparative-fault analysis that would have put the Stockton man at least partially at fault, but the judge ruled that the officer's wrongful actions during the incident made principles of comparative fault inapplicable. [read post]
2 Jul 2008, 12:25 pm
Nor did Cordula's 1/2 interest in the townhouse make her liable for her ex-husband's actions, particularly since she "neither maintained nor controlled the premises where an injury-causing event occurred. [read post]
21 Oct 2016, 5:37 am
He accused the defendant of manufacturing the defective bicycle helmet he was wearing at the time of the accident. [read post]
21 Oct 2016, 5:37 am
He accused the defendant of manufacturing the defective bicycle helmet he was wearing at the time of the accident. [read post]
3 Jan 2017, 9:19 am
A recent case involving a tragic shooting at an apartment complex illustrates how a defendant landowner’s lack of knowledge of the dangerous condition causing the plaintiff’s injury can be fatal to a plaintiff’s case. [read post]
3 Jan 2017, 9:19 am
A recent case involving a tragic shooting at an apartment complex illustrates how a defendant landowner’s lack of knowledge of the dangerous condition causing the plaintiff’s injury can be fatal to a plaintiff’s case. [read post]
27 Feb 2019, 7:18 am
In this regard, a dog owner may be liable to a dog attack victim for civil damages even if the attack occurs on private property if he failed to restrain his pet and/or warn the victim of the dog’s potential for harm. [read post]
21 Aug 2015, 6:32 am
During this phase of the trial, the jury will get to hear evidence and determine if defendant is liable for plaintiff’s injury. [read post]
