Sentences with word «scienter»

The District of Columbia has two statutes that, read together, eliminate the requirement of scienter in one specific set of circumstances: where the dog that bit the victim was at large because of its owner's negligence.

The state of Florida, in particular, allows for scienter as a grounds for liability even on persons who are not the actual owner of the animal.

These statutes therefore create a single exception to the one bite rule: the victim is not required to prove scienter if a dog bites him while the dog is at large and if the dog is at large because of its owner's negligence.

Osborne objected that the trial judge had not insisted that the government prove lewd exhibition and scienter as elements of his crime.

The Ohio Supreme Court also concluded that the State had to establish scienter in order to prove a violation of § 2907.323 (A)(3) based on the Ohio default statute specifying that recklessness applies when another statutory provision lacks an intent specification.

There is no dog bite statute but a victim is not required to prove scienter if a dog bites him while the dog is at large and if the dog is at large because of its owner's negligence.

Latin for «knowingly,» the theory behind scienter reflects common law strict liability claims, as well as the one bite rule.

In Varjabedian v. Emulex, the Ninth Circuit recently held that plaintiffs bringing claims under Section 14 (e) of the Securities Exchange Act of 1934 («Exchange Act»)-- which prohibits misstatements, omissions or fraudulent conduct in connection with a tender offer — need only show that defendants acted negligently, rather than with scienter.

Since scienter requires the dog to have a previous inclination or tendency to behave dangerously, it is sometimes referred to as the «one bite rule» — the dog owner may not be liable for the first attack but will be for any subsequent ones.

2008)(addressing corporate scienter under Section 10 (b)-RRB-; Teamsters Local 445 Freight Div.

The district judge dismissed the complaint for failing to allege sufficient facts to properly plead the requisite scienter for fraud.

To allege scienter (intent or knowledge of wrongdoing) in securities fraud cases, lawyers sometimes avow to the court that they have one or more confidential sources who tipped them off to the wrongdoing.

The statute on its face lacks a mens rea requirement, but that omission brings into play and is cured by another law that plainly satisfies the requirement laid down in Ferber that prohibitions on child pornography include some element of scienter.

If you can prove the three conditions for scienter, then the dog owner will almost always be liable for a dog bite.

At Preszler Law, our legal team will work tirelessly to prove scienter or negligence so we can get you the maximum settlement possible under the law.

In your example, insider trading laws generally involve a scienter requirement, that is, you must know that the information is non-public.

In the law, a state of mind involving intentional withholding of material information is known as «scienter».

There is no scienter requirement for copyright infringement.

To successfully apply the scienter method of legal approach, you must be able to prove that the canine previously bit a person, or at least acted as if it wanted to bite another person, AND that the dog's owner was aware of the animal's prior behavior.

Based on the doctrines of negligence, negligence per se, intentional tort, and scienter, you can obtain the money that is necessary to get back to your regular lifestyle after the accident.

Under the legal doctrine of scienter, a dog owner may not be liable for a dog bite if the dog had never bitten somebody or had never shown a propensity to attack in the past.

If the animal had attacked before or expressed violent tendencies, you can seek compensation under the «scienter» doctrine.

Special to the dog bite law established in Washington is the consideration of an owner's advance knowledge, also referred to as «scienter.»

Instead, in what is apparently dictum, given its decision to reverse appellant's conviction on the basis of the first due process claim, the Court maintains that a separate due process challenge by appellant arising from the Ohio Supreme Court's addition of a scienter element is procedurally barred, because appellant failed to object at trial to the absence of a scienter instruction.

to the Ohio Supreme Court, in order to secure a conviction under § 2907.323 (A)(3), the State must prove both scienter and that the defendant possessed material depicting a lewd exhibition or a graphic focus on genitals.

The Court also found that scienter is an essential element of a § 2907.323 (A)(3) offense.

A dog bite victim in the District of Columbia can recover compensation under the doctrines of negligence, scienter and intentional tort.

Judge Wright held that the plaintiffs failed to adequately plead a material misrepresentation or scienter and that certain allegations were barred on statute of limitations grounds.

Other than that, the victim has to prove negligence, scienter or intentional tort.

The traditional doctrine that makes a person liable for harm inflicted by a domestic animal is referred to as «scienter» (the Latin word for «knowingly»), «common law strict liability,» and «the one bite rule.»

Their failure to inquire further puts one in mind of ostrich tactics — of failing to inquire for fear that the inquiry might reveal stronger evidence of their scienter regarding the authenticity of the confidential source than the flimsy evidence of scienter they were able to marshal against Boeing.

Given that they almost surely did not and could not easily have known that they had made a future express withdrawal of consent very difficult to effectuate, scienter can't be attributed to it.