"She did not seem to see a bright future, proximately or remotely, for herself," he said.
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The lawsuit argued that their children's deaths were "directly and proximately caused, at a minimum," by Mrs.
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Compared to the 2008 Democratic primary—and, more proximately, to the ongoing Republican primary—Democratic infighting this year has been beanbag.
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More proximately, I would cite economics as a discipline and Plato's dialogic method for philosophy, plus a lot of early time playing chess.
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In papers filed under seal but summarized by Marrero, PwC said no reasonable jury could find that its advice proximately caused MF Global's bankruptcy.
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"The Benghazi attack was directly and proximately caused, at a minimum by defendant Clinton's 'extreme carelessness' in handling confidential and classified information," the lawsuit asserts.
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"The Defendants' negligence, gross negligence, recklessness, willfulness, and wantonness created a hazard and danger which proximately caused the Plaintiff to sustain serious personal injuries," reads the suit.
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After Rice's family filed a wrongful-death suit, the city of Cleveland argued that the 12-year-old "didn't exercise due care" and that he "directly and proximately caused" his own death.
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Ultimately, the judges concluded that to establish specific jurisdiction over a 1782 respondent, the petitioner must show that the discovery it seeks "proximately resulted from the respondent's forum contacts," Judge Hall wrote.
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This is the presence of another public university, one located more proximately to the state population's center of gravity and one that considers itself far more glamorous than its land-grant sibling.
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But this reckless ratcheting up of the threat should be unacceptable to everyone, and is most proximately offensive to the generation of people who will be forced to answer for such a horrifying legacy.
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" Affinity claims that it was a "victim of Trustwave's deceptive trade practices" — it "relied on [Trustwave's] assurances" that it could remediate the breach and was "consequently and proximately harmed by Trustwave's misrepresentations and omissions.
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"The Benghazi attack was directly and proximately caused, at a minimum by defendant Clinton's 'extreme carelessness' in handling confidential and classified information," such as the location of State Department employees in Libya, the lawsuit said.
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In his civil answer, Golden said that he denies causing any damage to the driver, and added that even if there were any damages they "were proximately caused by the negligence, fault or carelessness" of Caban himself," or "other third parties.
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"Defendant states that the injuries and/or damages to the Plaintiff were solely and/or proximately caused by the unreasonable failure of the Plaintiff to use an available and operational seat belt and the time of the accident," Williams' response, filed July 21, states.
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The surviving family of Aska, who died at 44, claims in a new lawsuit that negligence from Atlas Air and Amazon, as well as Florida-based companies F&E Aircraft Maintenance and Flightstar Aircraft Services, "directly and proximately caused the death" of the pilot.
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The marquee acquisition of the winter was Chris Sale, imported proximately from the White Sox and distally from whatever corner of Big-League Hitter Hell also spawned Hall of Famer Randy Johnson, the only pitcher even somewhat comparable to Sale in the modern era.
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" The report says the office had already received one application for a musical composition made by a computer, and it "is certain that both the number of works proximately produced or 'written' by computers and the problems of the Copyright Office in this area will increase.
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Patricia Smith and Charles Woods claim in the suit that the attack that killed their sons, Sean Smith and Tyrone Woods, as well as two other Americans, "was directly and proximately caused, at a minimum" by Clinton's use of a private email server while in office.
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Patricia Smith and Charles Woods claim in the suit against Clinton that the attacks that killed their sons, Sean Smith and Tyrone Woods, as well as two other Americans, were "directly and proximately caused, at a minimum" by Clinton's use of a private email server while in office.
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"The conservation groups are prepared to demonstrate that construction, operation, and maintenance of the project, including its substantial transmission line infrastructure, will proximately cause the unauthorized take of listed species, including the whooping crane, American burying beetle, pallid sturgeon, interior least tern, and piping plover," the notice read.
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In its original filing, the City of Imperial Beach wrote that Chevron's and other's "production, promotion, marketing, and use of fossil fuel products, simultaneous concealment of the known hazards of those products, and their championing of anti-regulation and anti-science campaigns, actually and proximately caused," harm to their communities.
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In the last 10 years, Israel and Hamas have fought three wars proximately caused by rocket fire from Gaza into Israel (2008-09, 2012 and 85033); and even after the 2014 war, which devastated Gaza, Hamas attempted to dig tunnels under the border from which to launch attacks and kill as many Israelis as possible.
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To recover, plaintiffs must be able to show that the fraud proximately caused their losses. Standard damages in fraud cases are expectation or benefit of bargain damages.
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Flood was a landmark case in which tort law was used to purposely change the behavior of physicians and encourage them to report suspected child abuse. Otherwise, they would face the threat of civil action for damages in tort proximately flowing from the failure to report the suspected injuries.
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Leaf of Dicroidium zuberi from Brokvale, NSW in Hawkesbury Sandstone, Early Triassic. Specimen in Australian Museum, Sydney Dicroidium zuberi had large, bipinnate, thick and leathery leaves. The leaves were up to 21 cm long. The rachis is proximately forked once with opposite or sub- opposite pinnae that is imparipinnate.
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Database searches suggest the abundance of Cpf1-family proteins in many bacterial species. Functional Cpf1 doesn’t need the tracrRNA, therefore, only crRNA is required. This benefits genome editing because Cpf1 is not only smaller than Cas9, but also it has a smaller sgRNA molecule (proximately half as many nucleotides as Cas9).
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Hempstead, 369 U.S. 590, 594 (1962). Indeed, we have frequently observed that whether a particular restriction will be rendered invalid by the government's failure to pay for any losses proximately caused by it depends largely "upon the particular circumstances [in that] case." United States v. Central Eureka Mining Co., 357 U.S. 155, 168 (1958); see United States v.
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In 2015 plans for the Underground published by the Buenos Aires, the line was re- designed completely, running through the financial district of the city in between Line F and Line C before running westwards towards Palermo, proximately parallel to and just north of Line D. Construction on the line was to begin sometime after construction begins on Line F.
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Accounts of why active shooters do what they do vary. Some contend that the motive, at least proximately, is vengeance. Others argue that bullying breeds the problem, and sometimes the active shooter is a victim of bullying, directly or derivatively. Still others such as Grossman and DeGaetano argue that the pervasiveness of violent imagery girding modern culture hosts the phenomenon.
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And as appellees could not escape liability if it was foreseeable that appellant would suffer further injury, appellant was entitled to prove that appellees' conduct proximately caused her injuries, even if the parent's intervening act was the actual cause. Finally, appellant was entitled to show that appellees failed to exercise due care in not reporting her injuries to authorities who would have shielded her from further harm.
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Today, the Church of All Saints is part of the Benefice of Garsington, Cuddesdon and Horspath in the Archdeaconry of Dorchester of the Diocese of Oxford. The church stands in the Liberal Catholic tradition of the Church of England. Due to its proximately, the church has close links with Ripon College Cuddesdon, an Anglican theological college. The college attends the church's evensong each day.
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The state highway also proximately connects those communities with a pair of subway stations (West Hyattsville and Prince Georges Plaza) on the Green and Yellow lines of the Washington Metro. Queens Chapel Road was originally constructed as MD 210 from Washington to Hyattsville in the 1910s. In the early 1930s, MD 500 was built from Hyattsville through University Park to U.S. Route 1 (US 1).
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A basic negligence claim consists of proof of # a duty owed, # a breach of that duty, # the breach was the cause in fact of the plaintiff's injury (actual cause) # the breach proximately caused the plaintiff's injury. # and the plaintiff suffered actual quantifiable injury (damages). As demonstrated in cases such as Winterbottom v. Wright, the scope of the duty of care was limited to those with whom one was in privity.
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Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. Damages are likely to be limited to those reasonably foreseeable by the defendant.
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In that case, the finder would be the next best owner and be considered the rightful possessor. Trover cases have been described as "finders keepers, losers weepers" cases. Trover damages came to be measured by the market value of the object, not necessarily its replacement cost if it were new. Sometimes, compensation for deprivation of use and compensation for other losses naturally and proximately caused by the wrongful taking could be added.
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A dip angle is an angle between the Earth horizontal plain and the fault plane. Greater the dip angle indicates a steeper fault, while a smaller dip angle indicates a gentler fault which is more flat. Chihshang Fault has a SE-dipping direction, the fault zone extends from near the surface to 25-kilometer depth proximately. At the middle section of the fault, the dip angle is 42° between depth of 10 to 20 kilometer.
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The Supreme Court reached the issue in Deering, a six-judge majority holding that the Clayton Act did not insulate labor unions engaged in illegal activities, such as the conduct of a secondary boycott. Justice Mahlon Pitney asserted that the machinist union's coercive action constituted an unlawful conspiracy to "obstruct and destroy" (p. 460) the interstate trade of complainant, a company with which they were not "proximately or substantially concerned" (p. 472).
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Third, class-action cases may be brought to purposely change behavior of a class of which the defendant is a member. Landeros v. Flood (1976) was a landmark case decided by the California Supreme Court that aimed at purposefully changing the behavior of doctors, encouraging them to report suspected child abuse. Otherwise, they would face the threat of civil action for damages in tort proximately flowing from the failure to report the suspected injuries.
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In Meghalaya, it was recently discovered in 2001 in Siju cave near Nongrai village, Shella confederacy proximately midway between the previous two locality records. There is a foraging record of a single specimen from Meghalaya collected in 2001. Since then, there is no record of sighting and/or collection of this species from that locality in Meghalaya in northeastern India. Therefore, J.R.B. Alfred states in 2006 that the distribution record of this species from Meghalaya needs confirmation and authentication.
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The city of Klagenfurt provided the old tower on the Kreuzbergl, which was built in 1895 for the visit of Kaiser Franz Josef I, to transform it in an observatory. Proximately it was revealed that another group of amateurastronomers from the Highschool of Klagenfurt has had also the idea to build an observatory. As a result, these two groups were united. To construct and fund the observatory the "Verein zu Errichtung einer Volkssternwarte am Kreuzbergl" was founded.
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Just as in the country as a whole, Streževo was heavily involved in Football. The village formerly had a Football team which played in the regional league playing against villages in close proximately however due to the building of the dam and relocation of its people the Strezevo team has since disbanded. Many of the Streževans (Streževtsi) who had relocated to Perth, Australia became heavily involved in the local Macedonian football club originally called East Perth Vardar, which later was known as Stirling Suns.
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Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property...proximately injury". While originally a remedy for the asportation of personal property, the tort grew to incorporate any interference with the personal property of another.Thrifty-Tel, Inc., at 1566 In some jurisdictions, such as the United Kingdom, trespass to chattels has been codified to clearly define the scope of the remedy;Torts (Interference with Goods) Act 1977Elliott, p.
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In ethics, the plank of Carneades is a thought experiment first proposed by Carneades of Cyrene; it explores the concept of self-defense in relation to murder. In the thought experiment, there are two shipwrecked sailors, A and B. They both see a plank that can only support one of them and both of them swim towards it. Sailor A gets to the plank first. Sailor B, who is going to drown, pushes A off and away from the plank and, thus, proximately, causes A to drown.
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The court said that eBay's trespass to chattels claim required it to show that: # Bidder's Edge intentionally and without authorization interfered with eBay's possessory interest in the computer system; and # Bidder's Edge's unauthorized use proximately resulted in damage to eBay. eBay argued that BE's use was unauthorized and intentional. The court said that eBay had not permitted BE's activity simply by having a website available over the Internet. BE had violated eBay's terms of use and ignored eBay's requests to stop using its crawlers.
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Snyder, NY's National Register of Historic Places Entranceways at Lamarck Drive and Smallwood Drive and Roycroft Boulevard were added in to the register in 2005. Later other entranceways were added to the register. Main Street is a four-lane road running east-west connecting Williamsville (the other side of Interstate 290 (I-290), known as the Youngman Expressway) to points westward such as the neighboring hamlet of Eggertsville and downtown Buffalo. The entranceways are located proximately to large residential lawns of surrounding houses in the 1920s-built subdivisions.
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Zhongfang County () is a county of Hunan Province, China, it is under the administration of the prefecture-level city of Huaihua. Located on the west of the province, Zhongfang County is proximately to the city proper of Huaihua. The Yuan River flows through its east part south to north, Wu River runs through its west part north to south. The county is bordered to the northwest by Hecheng District, to the north by Chenxi County, to the east by Xupu County, to the south by Hongjiang City, to the west by Zhijiang County.
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In those cases, the federal court uses the effective state law.Federal Rules of Civil or Criminal Procedure, Rule 501 in the Federal Rules of Evidence48 ALR Fed 259 Physician–patient privilege is usually statutorily defined, and can vary from state to state. The usual rule is that medical records are immune from subpoena if the plaintiff has not alleged physical or mental injuries or damages. Once the plaintiff alleges physical or mental injuries proximately flowing from a potentially tortious act by the defendant, or in some other disability hearing, medical records can be subject to subpoena duces tecum.
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Here, the State of New York could file suit and in that situation, it would be much easier for a court to calculate New York's damages. Based on the foregoing reasons, the Court reversed the Second Circuit's holding that Ideal had satisfied the proximate cause requirement under its section 1962(c) claim.Id. at 1997-1998. In approaching Ideal's second claim—that National had violated section 1962(a) by using illegitimate funds to purchase its second store—the Court explained that both section 1962(c) and 1962(a) claims must be asserted under section 1964(c), invoking the requirement that the plaintiff's injury be proximately caused by the defendant's RICO violation.
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Recently, in Voss v. Tranquillino the New Jersey courts held that a drunk driver can sue a bar or restaurant under the "Dram Shop Act" and prevail under the theory that: > [a] person who sustains personal injury or property damage as a result of > the negligent service of alcoholic beverages by a licensed alcoholic > beverage server may recover damages from a licensed alcoholic beverage > server if the server was negligent (i.e. served a visibly intoxicated > person), the injury was proximately caused by the negligent service of > alcoholic beverages, and the injury was a foreseeable consequence of the > negligent service. The alt=A white brick building on a city street corner.
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Some things must be established by anyone who wants to sue in negligence. These are what are called the "elements" of negligence. Most jurisdictions say that there are four elements to a negligence action: #duty: the defendant has a duty to others, including the plaintiff, to exercise reasonable care, #breach: the defendant breaches that duty through an act or culpable omission, #damages: as a result of that act or omission, the plaintiff suffers an injury, and #causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission. Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm.
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Reciprocal causation features in several explanations within contemporary evolutionary biology, including sexual selection theory, coevolution, habitat selection, and frequency- dependent selection. In these examples, the source of selection on a trait coevolves with the trait itself, therefore causation is reciprocal and developmental processes potentially become relevant to evolutionary accounts. For instance, a peacock’s tail evolves through mating preferences in peahens, and those preferences coevolve with the male trait. The ‘ultimate explanation’ for the male trait is the prior existence of female preferences, proximately manifest in differential peahen mate choice decisions, whilst the ‘ultimate explanation’ for the peahens’ mating preferences is the prior existence of variation in the peacock's tail associated with fitness.
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De Koninck devoted a good portion of his philosophical work to the philosophy of nature. De Koninck's graduate career at Louvain led him to write a dissertation under Fernand Renoirte, himself a philosopher of science, on the philosophy of Sir Arthur Eddington. His dissertation attempted to parlay between classical Thomistic philosophy and Eddington's philosophy of science, shaped by recent developments in relativity theory and quantum theory. While De Koninck's initial view of the relationship between philosophy and the experimental sciences followed a separatist line akin to that of Jacques Maritain, a later development in his thinking portrayed the modern sciences as "dialectical extensions" of metaphysics and, more proximately, the philosophy of nature.
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The measure of damages in fraud cases is normally computed using one of two rules: #The "benefit of bargain" rule, which allows for recovery of damages in the amount of the difference between the value of the property had it been as represented and its actual value; #Out-of-pocket loss, which allows for the recovery of damages in the amount of the difference between the value of what was given and the value of what was received. Special damages may be allowed if shown to have been proximately caused by defendant's fraud and the damage amounts are proved with specificity. Many jurisdictions permit a plaintiff in a fraud case to seek punitive or exemplary damages.
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These coins were stored in ornate boxes. From about the fifteenth century, when the coins were no longer in circulation, the boxes became decorative containers for storing and serving luxury sweetmeats. One such luxury that crept into the box in the sixteenth century is the now-famous almond-flavoured marzipan, named (at least proximately) after the box in which it was stored. However, if marzipan has its origin in Persia, it is not unlikely that the name may come from Marzban (in Persian: مرزبان, derived from the words Marz مرز meaning "border" or "boundary" and the suffix -bān بان meaning guardian), a class of margraves or military commanders in charge of border provinces of the Sassanid Empire of Persia (Iran) between the 3rd and 7th centuries.
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These negative manifestations of values and value inversions demonstrate how the philosophical conception of Ressentiment rests upon qualitatively different grounds transcending science and pure economics. For Scheler, Ressentiment is essentially a matter of self in relation to values, and only proximately an issue of social conflict over resources, power and the like (Master / Slave, or dominant / submissive relationships). For Scheler, what we call "having class", for instance, is not something as one-dimensional as power, money, or goods and services readily sold or purchased. Rather, liken to the array of apriori hierarchy of value modalities, "class" has to do with who you make of yourself as a person, which involves a whole range of factors including moral character, integrity, talents, aptitudes, achievements, education, virtues (i.e.
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Minnesota law originally defined third-degree murder solely as depraved-heart murder ("without intent to effect the death of any person, caus[ing] the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life"). In 1987, an additional drug-related provision ("without intent to cause death, proximately caus[ing] the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II") was added to the definition of third-degree murder. Up until the early 2000s, prosecutions under that provision were rare, but they began to rise in the 2010s. Some reports linked this increase in prosecutions to the opioid epidemic in the United States.
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21 Steele also argues that Marx thought that prices needed to be explained by some third factor, beyond supply and demand, because he believed that when supply and demand balance or equal each other, they can cancel each other out and thus could not explain equilibrium prices (hence the need for the labour theory of value to explain equilibrium prices). Steele argues this is mistaken as it is based on the view that supply and demand are magnitudes or numbers, when really they can be viewed more like schedules or functions. Supply and demand, when equal, do not cancel each other out but rather they are actually coinciding; at that particular price, the quantity supplied is equal to the quantity demanded. Price is thus always (proximately) determined by supply and demand, even when the two coincide.
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Flight 799 was one of a series of aircraft losses resulting proximately from failures in checklist design and implementation. Unfortunately, it took 18 years for NTSB's recommendation in the 1969 crash report that "Air carrier cockpit checklists to be reviewed in an effort to ensure that each list provides a means of reminding the crew, immediately prior to takeoff, that all items critical for safe flight have been accomplished" to be implemented. After the August 16, 1987 loss of Northwest Airlines Flight 255 for similar reasons, NTSB recommended that Federal Aviation Administration (FAA) convene a human- performance research group to determine “...if there is any type or method of presenting a checklist [that] produces better performance on part of user personnel,” and for the FAA to recommend checklist typography criteria for commercial operators. In due course, these recommendations led to a sea change in checklist design and implementation, incorporating human-factors research and Crew resource management into cockpit management.
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To prove the defendant caused infliction of emotional distress intentionally, the plaintiff must demonstrate that (1) the defendant intended to cause, or knew or should have known that his actions would result in serious emotional distress; (2) the defendant's conduct was so extreme and outrageous that it went beyond all possible bounds of decency and can be considered completely intolerable in a civilized community; (3) the defendant's actions proximately caused psychological injury to the plaintiff; and (4) the plaintiff suffered serious mental anguish of a nature no reasonable person could be expected to endure. The plaintiff, however, did not allege that the defendant intended to cause, knew, or should have known its false assertion of a copyright infringement would cause serious emotional distress. The plaintiff also did not allege that he suffered "severe psychological injury". Even if the plaintiff had made such allegations in the complaint, there was no factual basis for such contentions.
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The Safe Harbor provision states that "A service provider shall not be liable ... for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider" . UMG argued that the phrase "by reason of storage" meant that the "infringement must be proximately caused by storage", and so Veoh disqualified itself by providing access on top of storage to these infringing videos. However, both the district and circuit court found that this interpretation was too literal, and that, the DMCA would not have included language requiring the service providers to "disable access" to infringing material had it meant that access was not protected. In particular, the Ninth Circuit reasoned that storage without access would be of little use to a web host: > UMG's theory fails to account for the reality that web hosts, like Veoh, > also store user-submitted materials in order to make those materials > accessible to other Internet users.
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GITA LANDEROS, Appellant, a minor, sought review of a judgment of the Superior Court of Santa Clara County (California), which sustained general demurrers and dismissed her medical malpractice action against appellees, a physician and a hospital, for injuries sustained when they failed to properly diagnose and treat the condition from which she was suffering. Appellant minor argued trial court error in sustaining the demurrer of appellees, doctor and hospital, to her malpractice suit against them, because issues existed as to whether they had a duty to recognize a case of battered child syndrome that was to be reported to authorities, and whether their conduct proximately caused appellant's injuries. The court agreed, noting first that appellant was returned to parental custody after having been treated for injuries not appearing to be accidental, and that she then was traumatically abused. Because it was unclear whether treating physicians should have recognized the syndrome for treatment purposes, appellant was entitled to prove by expert testimony the standard of care against which appellees were to be held.
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National Railroad Passenger Corporation (Amtrak), EDPA No. 2:2015cv02744 the company admitted fault by stipulating"Stipulation" Legal Dictionary, thefreedictionary.com as "true"Federal Rules of Civil Procedure Title III, Rule 8(b)(4) "Denying Part of an Allegation: A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest." that the train was "traveling in excess of the allowable speed" when it derailed and thus Amtrak "will not contest liability for compensatory damages proximately caused by the derailment of Train 188 on May 12, 2015".Nixon, Ron "Amtrak Will Not Fight Suits Filed in Wreck" The New York Times, July 10, 2015 April 6, 2016, a Pennsylvania federal judge on Wednesday refused to grant settlement class certification to two passengers suing Amtrak over a train's derailment last year in Philadelphia, ruling that damages capped at $295 million would likely be reduced in related multi district litigation, according to Plaintiff Attorney Evan K Aidman. In October 2016, Amtrak reached a $265 million settlement with individuals affected by the derailment in 2015.
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