Sentences with phrase «in reckless disregard»

As a result, the lawsuit alleges that the background screening firm acted in reckless disregard of its duties, and is seeking punitive on behalf of the class of individuals who have been wrongly identified as sex offenders by the screening firm as well as attorney's fees.
The adverb «wantonly» has been interpreted by the ICTY as meaning that «the perpetrator acted with the intent to destroy the property in question or in reckless disregard of the likelihood of its destruction» (Kordic, TJ, para. 346).
The lawsuit, filed in Cuyahoga County Clerk of Courts on January 19, says Facebook acted with «intentional, willful, malicious, in bad faith and in reckless disregard for the rights of Mr. Godwin.»
(c) Factual error, content defamatory of official reputation, or both, are insufficient to warrant an award of damages for false statements unless «actual malice» — knowledge that statements are false or in reckless disregard of the truth — is alleged and proved.
Balancing these competing interests, the court held that, «a brand - name manufacturer that controls the contents of the label on a generic drug owes a duty to consumers of that generic drug not to act in reckless disregard of an unreasonable risk of death or grave bodily injury.»
One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
[133] I therefore find that Levant spoke in reckless disregard of the truth and for an ulterior purpose of denormalizing the Human Rights Commission across Canada which makes his statements malicious in that sense.
As we have documented in numerous articles on the disinformation campaign on this website, although responsible scientific skepticism is necessary for science to advance, the climate change disinformation campaign has been involved not in the pursuit of responsible scientific skepticism but in tactics that are morally reprehensible including: (a) telling lies about mainstream climate scientific evidence or engaging in reckless disregard for the truth, (b) focusing on unknowns about climate science while ignoring settled climate change science, that is cherry - picking the evidence, (c) creating front groups and Astroturf groups that hide the real parties in interest behind claims, (d) making specious claims about «good science», (e) manufacturing science sounding claims about climate change by holding conferences in which claims are made and documents are released that have not been subjected to scientific peer - review, and (d) cyber bullying journalists and scientists.
(3) Any creditor licensed under this chapter adjudged after May 20, 1996 by a court of competent jurisdiction in any civil action to be in deliberate violation of or in reckless disregard for this chapter shall within 10 days of such adjudication forward a copy of the judgment to the administrator.
In the celebrated case New York Times v. Sullivan, the U.S. Supreme Court held «the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).»

Not exact matches

Daniels is seeking $ 75,000 in damages, according to the Wall Street Journal, and claims she had to hire bodyguards and suffered damage to her reputation as a result of Trump's online smear, which the lawsuit alleges Trump made with «reckless disregard» for the truth.
The lawsuit seeks to void the content of a memo drafted in February by Joshua Toas, chief compliance officer at SUNY RF, the university system's nonprofit research arm, which concluded that Dr. Haldar had shown «a reckless disregard for the rules and policies that govern our business.»
The letter concluded: «Publishing any of these claims now that we have advised the Times Union both in writing and verbally that they are baseless would constitute a complete and reckless disregard of the facts.»
The Greek shipping heir and politically incorrect columnist — who wrote a whole memoir, «Nothing To Declare,» about his three - month stay in prison for cocaine possession in the»80s — also hosted his own awards ceremony in 1999 to hand out the Taki Award for Reckless Disregard of Self - Interest in Pursuit of the Truth.
The Hurt Locker (R for violence and profanity) Anthony Mackie and Brian Geraghty co-star in this Iraq War saga, set in the summer of 2004, as members of an elite bomb squad, assigned to defuse Improvised Explosive Devices, who are alarmed by their reckless new Staff Sergeant's (Jeremy Renner) utter disregard for military protocol.
But as Apicius draws closer to his ultimate goal, his reckless disregard for any who might get in his way takes a dangerous turn that threatens his young family and places his entire household at the mercy of the most powerful forces in Rome.
Prohibits taxpayers who improperly claimed such credit in a previous year from claiming such credit during a disallowance period of: (1) 2 years for claims made with reckless or intentional disregard of rules governing such credit, or (2) 10 years for fraudulent claims.
Under the new law, taxpayers are also subject to penalties of up to $ 1,000 for underreporting capital gains taxes, and up to $ 5,000 for willful disregard of the law or reckless conduct in reporting capital gains taxes.
In no event shall anything contained herein be so construed as to protect the Foreside against any liability to the Registrant or its shareholders to which the Foreside would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties under this Agreement or by reason of its reckless disregard of its obligations under this AgreemenIn no event shall anything contained herein be so construed as to protect the Foreside against any liability to the Registrant or its shareholders to which the Foreside would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties under this Agreement or by reason of its reckless disregard of its obligations under this Agreemenin the performance of its duties under this Agreement or by reason of its reckless disregard of its obligations under this Agreement.
Violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog punishable by fine of not less $ 2,500 nor more than $ 5,000, or both.
Thank you Betty Chambers for your tasteless disregard of the truth that the reckless and wasteful resource consumption of the United States adds up to over 22 % of the world's Carbon dioxide emissions, the highest per - capita in the world (if it's not because of our «wealthy» lifestyle in the west, then why is it?).
While the blogger's lawyers argued he was a «provocateur» who wouldn't be taken literally, the judge decided that «the defendant's dominant motive in these blog posts was ill will and that his repeated failure to take even basic steps to check his facts showed a reckless disregard for the truth.»
For instance, US Senator James Imhofe of Kansas called climate change «the greatest hoax ever» (Johnson, 2011) To claim that climate change science is the greatest hoax ever is at minimum, if not a lie, reckless disregard for the truth given the number of prestigious scientific organizations that have publicly supported the consensus view, the undeniable science supporting the conclusion that if greenhouse gases increase in the atmosphere some warming should be expected, the clear link between rising greenhouse gas concentrations in the atmosphere and increases in fossil fuel use around the world, as well undeniable increases in warming being that have been experienced at the global scale.
In concrete terms, in order for a putatively defamatory statement to have been made «with malice,» it must have been made knowing that it was false, or with reckless disregard to the possibility that it was falsIn concrete terms, in order for a putatively defamatory statement to have been made «with malice,» it must have been made knowing that it was false, or with reckless disregard to the possibility that it was falsin order for a putatively defamatory statement to have been made «with malice,» it must have been made knowing that it was false, or with reckless disregard to the possibility that it was false.
Brown: «I don't think President Trump has a fear of the Lord, the fear of the wrath of God, which leads one to more humility... this is such a reckless disregard for the truth and for the existential consequences that can be unleashed,» Brown said in an interview on CBS's «60 Minutes.»
In their decision of Schneider v. St. Clair Region Conservation Authority, the Ontario Court of Appeal was tasked with determining whether another large landowner, a municipality, had acted with reckless disregard.20 The plaintiff was cross-country skiing on a frozen lake in a conservation park that was owned by the St. Clair Conservation Authority but managed by the Township of Middlesex CentrIn their decision of Schneider v. St. Clair Region Conservation Authority, the Ontario Court of Appeal was tasked with determining whether another large landowner, a municipality, had acted with reckless disregard.20 The plaintiff was cross-country skiing on a frozen lake in a conservation park that was owned by the St. Clair Conservation Authority but managed by the Township of Middlesex Centrin a conservation park that was owned by the St. Clair Conservation Authority but managed by the Township of Middlesex Centre.
Reckless driving is defined as driving on a freeway, road or in an off - street parking lot in willful or wanton disregard for the safety of persons or property.
@TonySnow The main issue in both cases would be whether the site expressly or by implication conveys the impression that the convictions have not be expunged when they actually have, through negligence in ignoring notice given, or through reckless disregard for the truth in the case of defamation.
The decision confirms that an error in judgment and departures from expected standards do not constitute criminal negligence unless the Crown establishes wanton and reckless disregard for life or safety.
Punitive: In personal injury cases that involve reckless disregard for the safety of other, such as a case involving a drunk driver, punitive damages may be awarded to the victim of the accident.
Involuntary Manslaughter — Either (1) the unintentional killing of another without malice but while engaged in an unlawful activity not naturally tending to cause death or great bodily harm; or (2) the unintentional killing of another without malice but while engaged in a lawful activity with reckless disregard for the safety of others.
In order to be found responsible, the municipality must have been so careless to the point of reckless disregard in its maintenance of the accident areIn order to be found responsible, the municipality must have been so careless to the point of reckless disregard in its maintenance of the accident arein its maintenance of the accident area.
It is important to recognize that two examples focused upon the covered entities failure to have policies and procedures in place, which was described as «a conscious intent or reckless disregard» of their compliance obligations.
If a driver actively disregards driving laws, operating their vehicle in a reckless manner, and this action causes an accident, victims can hold the driver accountable for their injuries.
Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
Suppression remains an appropriate remedy if the magistrate or judge in issuing a warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth, or if the
[188] I find that the defendant's dominant motive in these blog posts was ill - will, and that his repeated failure to take even basic steps to check his facts showed a reckless disregard for the truth.
In the U.S., it is merely necessary to show in a case like this one (because it involves a matter of public concern) that the statements were made with knowledge that they were false, or with reckless disregard to the truth or falsity of the statements madIn the U.S., it is merely necessary to show in a case like this one (because it involves a matter of public concern) that the statements were made with knowledge that they were false, or with reckless disregard to the truth or falsity of the statements madin a case like this one (because it involves a matter of public concern) that the statements were made with knowledge that they were false, or with reckless disregard to the truth or falsity of the statements made.
In that ruling, the court said that public officials had to prove that false statements were made with «actual malice,» meaning news organizations had to have knowingly published a falsehood or published it with «reckless disregard of whether it was false or not.»
In turn, «actual malice» means a statement was made «with knowledge that it was false or with reckless disregard of whether it was false.»
Prospectively, exemplary damages may be available if D has shown deliberate and reckless disregard of an outrageous nature of the claimant's rights, the conduct was punishable, and other remedies would not be adequate for punishment (Crime and Courts Act 2013, s 34 — not yet in force).
[1] The Act also provides that this duty does not apply with regard to the «risks willingly assumed» by those entering the premises, and that in such cases, there is only a duty to not create a deliberately harmful danger and to not act with reckless disregard.
Depending on the circumstances, speeding can also lead to a charge of reckless driving if the vehicle was being operated in willful or wanton disregard for the safety of persons or property.
Nothing in these terms shall operate to exclude or restrict liability based on fraud or reckless disregard of professional obligations or any other liability that can not be excluded or restricted by applicable laws or regulations.
If coins are left within a child's reach or access through negligence or reckless disregard of another, however, the individual or individuals responsible may be held liable in negligence for damages suffered as a result of a coin - choking injury.
But in this case, the fact that the town allowed the bollard sleeve to remain unpainted, it rose to the level of reckless disregard,» Cahill adds.
Of the family's $ 7.25 million verdict, $ 6.25 million is in punitive damages for the manufacturer's allegedly reckless disregard of patients and their safety, $ 750,000 is for Sadler's pain and suffering, $ 236,325 for medical bills, and approximately $ 10,000 is for her parents» lost income and travel costs.
Punitive Damages: In cases involving reckless disregard for the safety of others, a victim may be able to receive punitive damages.
Furthermore, two of the examples specifically highlighted the covered entities» failure to have policies and procedures in place, which was described as «a conscious intent or reckless disregard» of their compliance obligations.
The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $ 10,000 punitive damage award tacked onto the $ 1.2 million in compensatory damages.
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