The well-taken objection to the actual control test, however, is its fusion of direct and indirect liability; the test is administered by asking a question about the relationship between the two corporations (an issue going to indirect liability) instead of a question about the parents interaction with the subsidiarys facility (the source of any direct liability).
(c) Induced infringement was not considered a separate theory of indirect liability in the pre-1952 case law, but was treated as evidence of "contributory infringement," i.e., the aiding and abetting of direct infringement by another party.
Control of the subsidiary, if extensive enough, gives rise to indirect liability under piercing doctrine, not direct liability under the statutory language. Oswald 269; see also Schiavone v. Pearce, 79 F.3d 254, 254 (CA2 1996) (Any liabilities [the parent] may have as an operator, then, stem directly from its control over the plant).
It is uncertain how legal issues, like the determination of indirect liability, the evaluation of affirmative defenses (such as fair use and "Betamax defense"), and the calculation of damages will occur under New York common law.
The results clearly show that not only does the indirect insurance liability subsidy play a significant factor for nuclear industry, but also how the transfer of such an indirect subsidy from the nuclear to photovoltaic industry would result in more energy over the life cycle of the technologies.
This risk may be direct or indirect and the liability personal or vicarious.
His Lordship directs me in answer, to acquaint you for the information of the Earl of Aberdeen, that he is not anxious for the formation of new and distant Colonies, all of which involve heavy direct and still heavier indirect expenditure, besides multiplying the liabilities of misunderstanding and collisions with Foreign Powers.
SCVWD disclaims, and shall not be held liable for, any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these products or the use thereof by any person or entity.
A potential liability of the indirect MCL-1 inhibitors is that they also reduce the expression of numerous other short-lived proteins, making them less selective and potentially more toxic.
In the health care system, for doctors, hospitals and pharmaceutical companies, you have huge liabilities that have lots of indirect costs, from insurance costs to the overtesting of patients.
The direct costs of medicines and health services can represent significant liabilities for poorer households, but indirect costs due to travel and lost production may be even more prohibitive [ 21].
