Unlike an antitrust violation, a violation of Section 5 may not be used to establish liability for plaintiffs to seek triple damages in private litigation against the same defendant.
Under our law, to establish liability for misstatements when the board is not seeking shareholder action, shareholder plaintiffs must show that the misstatement was made knowingly or in bad faith.
Its purpose is to establish liability for the infrequent circumstance that the sold item either breaks down too soon or fails to work properly.
EU-wide rules are needed for the fast-evolving field of robotics, e.g. to enforce ethical standards or establish liability for accidents involving driverless cars, say MEPs in a resolution voted on Thursday.
Italian prosecutors are seeking jail time for the executives, blatantly ignoring established liability safe harbors for ISPs and content platforms; meanwhile they are risking throwing a chill on innovation that could endanger the development of the next YouTube.
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.
That is a fairly low threshold that would make it much easier for Mr. Picard to establish liability against Mr. Katz and Mr. Wilpon.
The company insists that three months is a perfectly usual timescale for establishing liability, but admits "we have delayed matters unnecessarily".
Moreover, because investment advisers are fiduciaries, the standards for establishing liability are modest: in an SEC enforcement action, intentional, knowing or reckless misconduct is not usually necessary to prove a violation of the Investment Advisers Act.
Iran's permanent mission to the United Nations in New York did not respond to requests for comment on the court hearing to establish liability and damages.
Mediation does not seek to establish liability or fault.
