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The comprehension attributed or charged to a person because the facts in issue were open to discovery and it was that person's du...
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Summary judgment, receiver, landlord, lessor, tenant, lease, contract, ordinary meaning, negligence, negligence per se, proximate cause, statutory duties, ordinary care, smoke alarms, notice, actual notice, constructive notice, defect, violation, liability, imputed knowledge, agency, agent, foreseeability, injury, common law.
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PUBLIC NUISANCE - demolition costs; notice; imputed knowledge; constructive notice; damages.
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The severability clause of an insurance policy did not prevent imputation of knowledge to a law firm of the wrongful acts committed by its attorneys.
In reviewing the decision of U.S. District Court for the Southern District of New York Judge Shira A. Scheindlin in Steadfast Insurance Co. v. Stroock & Stroock & Lavan LLP, the U.S. Court of Appeals for the Second Circuit affirmed the judgment of the district court.
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Open and obvious doctrine; Imputed knowledge from prior usage; Summary judgment; Attendant circumstance; Carry heavy materials is not an attendant circumstance.
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A co-worker's knowledge of an employee's statements about alleged sexual harassment cannot be imputed to the employer under Title VII, the 1st Circuit has ruled. The plaintiff was a female factory worker and entry-level supervisor. Soon after her employer notified everyone it might go bankrupt in the near future she gave her two- weeks notice in writing.
In her written resignation she stated that supervisors had discussed her personal affairs and that she no longer felt comfortable working there. This was her first complaint about the issue.
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... was deficient, the Trustee was imputed with constructive knowl edge of the lien on Tract... because either (1) he had constructive knowledge of the deed of trust that was properly recorded as...
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Insurance agent for insurer had knowledge of insured's medical conditions which was imputed to the insurer. Genuine issue of material fact existed regarding whether insureds knew that correct information was not included in insurance application. Because of agent's knowledge, cases relied upon by trial court were distinguishable on their facts.
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... was deficient, the Trustee was imputed with constructive knowl edge of the lien on Tract... because either (1) he had constructive knowledge of the deed of trust that was properly recorded as...