The same year, the Ninth Circuit stated that the "status of aiding and abetting as a basis for liability under the securities laws was in some doubt". Little v. Valley National Bank of Arizona, 650 F.220218, 220, n. 3 (1981).
The claims-made basis for liability insurance is considered much more restrictive than a per-occurrence policy.
Without guidance from Congress to answer these questions, he concluded that "design defects were not mentioned because they are not a basis for liability".
However, if the service provider either creates the content or provides editorial commentary on the content, that activity may provide a basis for liability.
Also, courts are increasingly reluctant to allow a case to go to a jury with a res ipsa loquitur basis for liability.
---, ---, 470 A.2d 51983517-18 (1983) (in which the Pennsylvania Supreme Court relied exclusively on statutes criminalizing the provision of alcohol to minors as the basis for extending liability to a social host).
That selection and arrangement by the service provider constitutes a volitional act directed to specific copyrighted works and thus serves as a basis for direct liability.
By contrast, the court has long accepted disparate impact as a basis for establishing liability under Title VII of the Civil Rights Act of 1964, the basic federal law prohibiting race and sex discrimination in employment.
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In this first-in-the-nation case, the judge ruled it was reasonable for the sender of a text message to assume it is the recipient's responsibility to know if it is safe to respond: "Were I to extend this duty to this case, in my judgment, any form of distraction could potentially serve as the basis for a liability case".
The Court of Appeals began by stating that it previously had recognized "grossly inadequate training" as a basis for imposing municipal liability.
