Hall has additionally filed a motion to dismiss Baran as a defendant, arguing that she cannot be removed from office for alleged nonfeasance
that occurred in a prior term in office, and a motion of discovery for all information presented to the county grand jury.
The operator that tried, but failed, to keep offensive speech off its service was punished for its failure, but the operator that made no such effort escaped punishment for its nonfeasance
If I were to express any reservation about Bailey's thesis, it would be in relation to a certain lack of clarity with respect to her claims about the decision in Slade's Case (1602), whereby action on the case for nonfeasance
replaced the old writ of debt as a remedy for parole agreements.
The only way to keep Wall Street--and, for that matter, other institutions, like unions, universities, and the government itself--on the straight and narrow is to let the people in them know we're keeping an eye on them, and that the chances they'll "get away" with malfeasance, misfeasance, or nonfeasance
are slim enough to keep them from trying.
Multiple damages statutes in response to employer malfeasance or nonfeasance
may deter a broad range of intentional behaviors.
The court noted that a correctional officer who is present at a scene and who fails to take reasonable steps to protect the victim of another officer's use of excessive force can be held personally liable under [section] 1983 for his nonfeasance
The Court nods to the tort law of nonfeasance
, but if the Court were to appropriately compare the DeShaney facts to the tort law regime, it would acknowledge that this is not a failure to rescue case; this is a botched rescue case.
The failure of a board to hire the best, or fire an underperforming, chief executive is one of the worst forms of nonfeasance
34) Because the planting of a tree is not of itself negligence (otherwise we would have no trees at or near public places), the case necessarily rests on the failure to repair after the defect arises rather than upon any malfeasance, and for this reason, liability was not imposed where a written notice law barred recovery for nonfeasance
The limitation on recovery for economic loss has been premised upon concern over limitation of liability, while the refusal of recovery for unrealized benefits has been justified on the basis that tort law addresses wrongs of misfeasance, not nonfeasance
Obama himself is thus violating his oath of office by nonfeasance
malfeasance or nonfeasance
occurred, shareholders would be able to
This appeal requires this Court to decide the proper basis of liability for physical harm, whether the law of civil wrongs should be extended to impose legal liability for nonfeasance
(the so-called "duty to rescue") and, finally, the extent of liability for negligently inflicted emotional distress.
The probe underlines nonfeasance
on the part of the Finance Ministry.
The history of the nation's newspapers is replete with similar examples of nonfeasance
and, sadly, outright malfeasance.