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Most notably, Restatement (Second) of Torts §548, concerning fraudulent misrepresentation, insists that tort liability for misrepresentation requires that the party asserting liability has relied specifically on the truth of the representation upon which the claimed liability is based.
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Those suits may assert product liability claims, public nuisance claims, and claims for medical monitoring.
The court therefore grants summary judgment in Defendant's favor on the theories of "inducement of infringement" and "vicarious/joint liability". Another theory of secondary liability that Plaintiff asserts is vicarious liability arising from an agency relationship.
Starting with the issue of whether Transfirst had a likelihood of success on the merits, the Court looked at Nevada's alter ego laws, noting that Nevada allows the piercing of the corporate veil to assert the liabilities of the entity against its owner, and "reverse piercing" which causes the liabilities of the owner to be imputed against the entity.
When Mr. WASHINGTON — Representative Paul D. Ryan set out Thursday to turn what the White House considers one of President Obama's strongest assets into a liability, asserting that his administration's foreign policy was "unraveling". But from Libya and Iran to Afghanistan and Syria, Mr. LEXINGTON, Ky.
Appellees contest this interpretation of state tax law, arguing from state court decisions that state or local taxing authorities would be estopped from asserting appellee church's liability for back taxes.
The issue before us is whether, consonant with Illinois law, the trial court properly dismissed the counts where plaintiff attempted to state a cause of action premised on a theory of strict liability by asserting that the discharge of firearms in a quarry shooting range is an ultrahazardous activity.
A defendant who commits a battery so defined might nevertheless escape liability by asserting a defense.
Facebook's brief also assailed the "unprecedented theory" of liability asserted by the investors, and that will be the next battle when the company tries to knock out the plaintiffs' claims.
(3) A Federal credit union may purchase and maintain insurance on behalf of its officials and employees against any liability asserted against them and expenses incurred by them in their official capacities and arising out of the performance of their official duties to the extent such insurance is permitted by the applicable state law or the Model Business Corporation Act.
the following individuals from any liability asserted against them and expenses reasonably incurred by them in connection with judicial or administrative proceedings to which they are or may become parties by reason of the performance of their official duties (check as appropriate).
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