Sentences with phrase «finding liability in this case»

When finding liability in this case, it is necessary to determine the amount of oversight held by the larger company.

Not exact matches

Of nearly 1,500 reported cases of injuries suffered on Chicago Park District properties last year, for example, only four resulted in court settlements or findings of park district liability, said park district Treasurer Jack Mathews.

County Executive Edward Mangano's administration said after the state's findings on the 2014 cases that Armor's contract — just renewed in June — couldn't be canceled «without subjecting taxpayers to significant liability as the allegations have not been substantiated to date.»

The decision marks the first time a school district has been found negligent in a case involving a student's suicide, and legal observers say the decision could precipitate an avalanche of liability claims against school systems.

In the analysis of court cases, Karnes and Marquardt (1991) found that the issues fall into several categories such as educational opportunities, school policies, tort liability, divorce, etc..

In both cases, you have $ 0 liability ultimately, but with a debit card you could find your checking account temporarily empty.

Liability under section 9 of the ESA has been found in cases based on the issuance of permits or licenses by a governmental body to a private party in which the authorized activity causes a take of an endangered species.

Applying the third party governmental liability principles of the Strahan and Loggerhead Turtle cases, a local government could find itself liable under the ESA for authorizing cat colonies that result in the illegal take by feral cats of an endangered species.

Although in both Papp and Kanak the employers were cleared of any liability, both cases confirm that employers can be found liable for defamation when providing a negative reference... [more]

I have found bar candidates spending precious bar - prep days struggling with First Amendment protections for advertising when they couldn't spot an offer for a unilateral contract or explain the relevance of industry standards in products liability cases.

Nevertheless, the Court has acknowledged the difficulties of proof that multi-tortfeasor cases may pose — difficulties which in some cases may justify relaxing the requirement of «but for» causation and finding liability on a material contribution to risk approach.

If a flaw is found in the brakes, then the case could get quite large, since essentially, the case has the potential of becoming a product liability lawsuit.

In the Sturmer case, a case challenging a local option by - law, the court upheld Chancellor Boyd's order for costs against non-parties who were found to have put up «a man of straw» in whose name the litigation would be carried on so as to avoid anticipated liability for costs upon dismissal of the actioIn the Sturmer case, a case challenging a local option by - law, the court upheld Chancellor Boyd's order for costs against non-parties who were found to have put up «a man of straw» in whose name the litigation would be carried on so as to avoid anticipated liability for costs upon dismissal of the actioin whose name the litigation would be carried on so as to avoid anticipated liability for costs upon dismissal of the action.

In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage».

[1] Apologies in medical malpractice cases have not been found to reduce risk of liability.

If you're considering pursuing a claim, an experienced product liability lawyer can help investigate your accident, find experts to perform technical analyses, negotiate with insurance companies, or try your case in court.

However, there is case law from British Columbia which indicates that failure to have winter tires installed on a vehicle can be a consideration in a finding of liability in the event of a motor vehicle accident.

Only three days after Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.»

A Chicago personal injury attorney who has experience in product liability cases will be able to evaluate your situation and determine what kind of evidence and testimony you'll need, and find the necessary experts to support your claim.

Like those other modules, the new products liability module uses data derived from court dockets to provide insights and show trends in areas such as case timing, resolutions, findings, and damages for injuries caused by product defects.

But in assessing damages for the privacy breach, Cornell found there was a clear case for establishing liability.

A Cornell study of US cases found that punitive damages are awarded in 3 - 5 % of cases (not just defamation cases) in which the plaintiff established liability.

In Huck v Robson [2002] EWCA Civ 398, [2003] 2 WLR 1340, (an RTA case), where the claimant made a 95 % offer on liability apparently purely for tactical reasons and not because of the realistic likelihood of such a finding being made, Schiemann LJ held that:

Although I am aware of the often - repeated statement that personal rights are more important than property rights, where the owner has stored his valuables representing his life's accumulations, his livelihood business, his tools and implements, and his treasured antiques as appears in the case at bar, and where the evidence is sufficient to sustain a finding that the installation was intended only as a warning to ward off thieves and criminals, I can see no compelling reason why the use of such a device alone would create liability as a matter of law.

A strict liability case may be brought when a defendant is still found liable although they did everything in their power to avoid injuring the plaintiff.

To determine liability in personal injury cases, Idaho uses a standard called modified comparative negligence, which only allows injury victims to recover damages if they're found to hold less than half of the responsibility for their harm.

Finding a slip and fall attorney who can help establish premises liability is an important first step in resolving these types of cases.

Well respected among his peers and recognized as a top trial lawyer, Edward Havas (Ed), President and a founding member of Dewsnup, King & Olsen, focuses his practice on representing survivors and families of victims in negligence, product liability, air crash, mining disaster (such as the deadly Crandall Canyon coal mine collapse of 2007), medical malpractice and other catastrophic injury and wrongful death cases.

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Lawyers representing clients in cases for which they do not have the necessary knowledge and skills risk liability in negligence, being found to have provided ineffective assistance of counsel (in a criminal case) and violating the obligations of the codes governing their conduct.

However, in some cases, founding a Limited Liability Company (LLC) might be a better choice.

Second, the cases did not establish any rule or principle, applicable to collision cases or analogous types of case in the Admiralty Court, where there was no counterclaim, that a claimant who was found at fault under MSA 1995, ss 187 (1) and (2) should recover its costs in proportion to the percentage of liability of the defendant.

In dealing with product liability cases, there are likewise circumstances where it is found that several consumers or organisations have actually been negatively affected or hurt by the same defective product or service.

It is very important when seeking a Missouri product liability law firm that you find one that has achieved success in the product liability law cases it has handled.

Although in both Papp and Kanak the employers were cleared of any liability, both cases confirm that employers can be found liable for defamation when providing a negative reference.

Citing Richardson v. Vancouver (City), 2006 BCCA 36 (CanLII), a case in which police were sued for wrongful arrest by a plaintiff relying on their acquittal on the charge of obstructing justice, the Court of Appeal found it is improper to conflate issues pertaining to criminal responsibility and those pertaining to the civil liability of police.

A recent case in Ontario considered this for what I believe to be the first time and found that such actions indeed attract liability under the existing framework of Canadian tort law.

The Connecticut Supreme Court recently held that defendants were entitled to summary judgment in a premises liability case, finding that the plaintiff had failed to meet her burden of proving constructive notice of the allegedly defective condition.

In imposing personal liability, the court found that the owner..., Case Law Alert, 1st Qtr 2012

The appellate court noted that, while the general rule is that a finding of liability accompanied by a zero - dollar verdict is vague and must be corrected, in this case it was permissible.

In the case of a habitual drinker, if found that a third party is responsible for serving liquor to a habitual drinker, then the law extends liability to the third party.

The only way to find out whether or not you have a case is to call a personal injury lawyer who has experience in premises liability law and who will be honest with you.

Last month, an appellate court in Michigan issued an opinion in a premises liability case, finding that the trial court was correct in granting summary judgment to the defendant, due to the plaintiff's failure to present evidence of a required element of her claim.

Examples of Premises Liability Cases Premises liability covers a wide range of case types, and it's important when researching prospective lawyers to find an attorney with experience in the area that is most relevant to yoLiability Cases Premises liability covers a wide range of case types, and it's important when researching prospective lawyers to find an attorney with experience in the area that is most relevant to yoliability covers a wide range of case types, and it's important when researching prospective lawyers to find an attorney with experience in the area that is most relevant to your claim.

This article outlines the convoluted history of Florida case law surrounding public duty doctrine, noting that «Lower appellate courts are struggling to apply the incomprehensible law in this area», and notes that in most cases reaching them, the Supreme Court has not found a lack of government liability.

Under our case law, our courts have found liability or entertained suits after law enforcement officers took persons into custody, otherwise detained them, deprived them of liberty or placed them in danger

Another useful tool in civil cases is that the 5th Amendment privilege against self - incrimination does not apply, so if the defendant refused to testify (perhaps claiming the 5th Amendment for fear of criminal consequences of truthful testimony) that refusal to testify can be used to infer that his testimony would have hurt him and to find civil liability.

Update March 21, 2014 — the Liability findings in the below case were upheld today by the BC Court of Appeal

As a result it is possible to find authority in the majority opinions in those two cases which treats liability for inducing breach of contract as unlawful interference with trade.

In a case released today (Clements (Litigation Guardian of) v. Clements, 2010 BCCA 581), the Court of Appeal reversed a trial decision that appears to have used the «material contribution» test to find liability in a motor vehicle accidenIn a case released today (Clements (Litigation Guardian of) v. Clements, 2010 BCCA 581), the Court of Appeal reversed a trial decision that appears to have used the «material contribution» test to find liability in a motor vehicle accidenin a motor vehicle accident.