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Automobile Lessors Beware: Vicarious Liability in Three States
A Rhode Island Supreme Court decision has caused lessors to think twice about leasing motor vehicles in the State of Rhode Island. In Oliveira v. Lombardi, 794 A.2d 453 (R.I. 2002), the Rhode Island Supreme Court held that two automobile leasing companies may be held vicariously liable under Rhode Island's vicarious liability statutes for the negligence of drivers operating motor vehicles titled in the leasing companies' name.
The court took a somewhat unique position in combining two cases with similar legal and factual issues. The plaintiff in the first case suffered severe injuries when her car was rear-ended by a teenager driving his father's car leased from Chase Manhattan Automotive Finance Corporation, the registered owner of the motor vehicle. In addition to suing the driver's father, the plaintiff sued Chase as the owner/lessor under Rhode Island's vicarious liability statutes. The plaintiff in the second case also suffered severe injuries in an accident involving a leased motor vehicle, but the lessor in this case was Gold Key Lease, Inc. The plaintiff sued the lessee, the third party operator (as permitted by the lease agreement), and Gold Key. Similar to the Chase case, the plaintiff alleged that Gold Key, as the record owner of the vehicle, was subject to Rhode Island's vicarious liability statutes.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.