Under the city's proposal to Lincoln Center, it would retain primary liability for some of the public areas, like the sidewalk on West 62nd Street.
But the scope of this conduct-basedprovision and, for that matter, Rule 10b–5(a) and §17(a)(1)—must be understood in light of its conduct-basedprovision androhibition speciforally addressing primary liabilithator false statematter
But if someone were to slip, say, on the steps at the Metropolitan Museum of Art, or the walkways of the New York Botanical Garden, or the entrance to the Brooklyn Museum, New York City would not have primary liability even though it owns the land.
The majority nevertheless finds primary liability under different provisions of Rule 10b 5, without any real effort to reconcile its decision with Janus.
That is the course urged on it by the S.E.C. "Whatever the merits of creating categorical restrictions on primary liability for true secondary actors, such as an accountant, lawyer or bank," the S.E.C. argued, "such restrictions should not apply to those who are actually responsible for a fund's statements".
As discussed at the outset, Aereo's secondary liability for performance infringement is yet to be determined, as is its primary and secondary liability for reproduction infringement.
(Lenox Hill has primary liability coverage through this company, setting aside reserves for larger claims).
Rule 10b 5(b) imposes primary liability on the "make[r]" of a fraudulent misstatement.
And he refers to two cases that, in his view, argue in favor of circumscribing primary liability.
Finally, Lorenzo potentially blurs the line between primary liability and secondary (i.e. aiding and abetting) liability under Section 10(b).
