This may call into question the dissenting opinion in Sony, which set forth that if virtually all of a product's use is to infringe, the maker should be held contributorily
liable for the acts of infringement.
The law in New York traditionally prohibited plaintiffs from recovering civil damages in instances where the plaintiffs were contributorily
negligent to any degree.
16) Therefore, Flea World should be held vicariously and contributorily
liable for copyright infringement.
count in determining whether the victim was contributorily
By virtue of being a smoker, she is contributorily
negligent, which can reduce or extinguish altogether any monetary award.
54 million to reflect the fact that the jury found that the patient was 30% contributorily
Naturally, it would be absurd to view a victim's foolishness as some sort of mitigating factor where human rights are infringed; it would be absolutely abhorrent to argue that victims of genocide were somehow contributorily
1998) the First Circuit found that the pilot had been contributorily
negligent despite the failure of the air traffic controllers to properly advise him of the adverse weather conditions.
The dissenting judge disagreed with the majority's conclusion that the patient failed to establish that the hospital had breached a duty owed to the patient and that the patient was contributorily
cybersquatted pages are contributorily
liable for trademark
Reyes was contributorily
negligent because he had passed out drunk on
2d 61, 68 (Alaska 1968) ("As a matter of policy, we disapprove of a concept which could result in a situation where an accident victim, even though not contributorily
at fault, could be barred from recovery because he knew or should have known of a negligently created risk.
We seek, among other things, entry of judgment that Blue Coat has infringed, is infringing, has induced infringement of the above-listed patents, and contributorily
infringes the above-listed patents, a preliminary and permanent injunction from infringing, or inducing the infringement of our asserted patents, an accounting of all infringing sales and revenues, damages no less than a reasonably royalty and consistent with proof, enhanced damages, and enhanced damages for willful infringement, costs, interest, and reasonable attorneys' fees under 35 U.
In response, the defendant asserted that the patient was contributorily
negligent in failing to read a printed consent form, which he signed before the surgery.
The jury found the jeweler contributorily
negligent in causing the loss, thus the accountant prevailed, but the decision was reversed on appeal.