Sentences with phrase «alleged breach of duty»

There could accordingly have been no impediment to the claimant suing in negligence for the alleged breach of duty by her professional advisers once such breach had caused loss in the form of her imprisonment.

The breach of duty exception provides that in a lawsuit between an attorney and a client based on an alleged breach of duty by the lawyer, attorney - client communications relevant to the breach are not protected by the attorney - client privilege.

Recent work includes acting for representative beneficiaries in a claim for directions as to whether the trustees could take into account the compensation recoverable from the PPF when making decisions relating to assets of the scheme, and acting in a claim concerning an alleged breach of duty on the part of trustees of a small self administered scheme.

He began by addressing the alleged breach of duty of candour, and emphasised that a party's failure to disclose relevant documentary information was clearly capable of subjecting another party to an unfair procedure.

They will pinpoint the alleged breach of duty and provide trustworthy, knowledgeable testimony to indicate how, why and where the negligence occurred, if it did.

The problem would be showing that all members of the class were causally injured by the same alleged breach of duty which is pretty much impossible.

This alleged breach of the duty to consult is not related to competition and is not caused by the consent agreement, the Tribunal held.

Advising ship builder in relation to numerous contractual disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to alleged breaches of duties of confidentiality.

Consbec sued Mr. Walker for various alleged breaches of his duties in forming a competing company, including a failure to provide any notice prior to resigning.

The firm continues to handles professional negligence matters for longstanding clients, including Paragon Mortgages and Idem Capital Securities; Frances Mitchell is continuing to act for the former in multiple claims against a firm of solicitors concerning alleged breaches of duty over buy - to - let mortgages.

Represented one of the world's largest banking groups in defending a multi-million dollar claim in the Singapore High Court for alleged breaches of duty.

INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggering.

«The English Civil Claim is for the in personam remedy of compensation against Mr Antonov and Mr Baranauskas arising out of an alleged breach of their duties as directors, officers or shareholders of Snoras.

Not exact matches

The lawsuit, filed by employees led by John Meiners, from St. Louis, seeks to recoup excess fees and unrealized profits stemming from Wells Fargo's alleged breach of fiduciary duties to all 401 (k) participants over the last six years, the complaint said.

Kalanick filed his response late on Thursday to the suit brought by Benchmark Capital, an early investor in Uber suing him for alleged fraud, breach of contract, and fiduciary duty.

Move and the National Association of Realtors filed a lawsuit against Zillow in March 2014 alleging breach of contract, breach of fiduciary duty and misappropriation of trade secrets.

It has filed five lawsuits alleging various breaches of fiduciary in 401 (k) plans duty this year.

After launching four 401 (k) lawsuits alleging breach of fiduciary duty late last year, Minneapolis - based Nichols Kaster has filed four more in 2016, most recently against Fujitsu and American Century's $ 600 million plan.

The case, filed in U.S. District Court for the Southern District of New York, alleges breach of fiduciary duty under the Employee Retirement Income Security Act.

One lawsuit filed yesterday in Northern California on behalf of a Facebook shareholder, Jeremiah Hallisey, alleges the company's senior management «breached their fiduciary duties by failing to prevent the initial misappropriation [of user data by CA] and, after learning of it in 2015, failing to inform affected Facebook users or the public markets».

Sulyma brought six claims: claims I and III allege the Investment Committee defendants breached their fiduciary duties by over-allocating the assets of the 401 (k) Plan and Retirement Plan to hedge fund, private equity, and other alternative investments.

In addition, four stockholder derivative lawsuits have been filed in California purportedly on behalf of HP stockholders seeking to recover damages for alleged breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures as a result of the activities of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior Court on September 25, 2006.

Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.

One group further alleges breaches of statutory duty under the Data Protection Act 1998.

The board of directors of Las Vegas - based Wynn Resorts is facing mounting lawsuits from shareholders — including the NYS pension fund — who allege they breached their fiduciary duties when they ignored what has been described as a longstanding pattern of sexual abuse and harassment by the company's founder, Steve Wynn.

The former National Security Adviser, Colonel Mohammed Sambo Dasuki has asked an Abuja High Court to consolidate the two criminal charges bordering on alleged corruption and breach of trust brought against him by the Federal Government in the course of his official duties.

The alleged wrongdoing includes breach of fiduciary duty, interference with contractual relations, breach of duty of loyalty, and commission of computer crimes and civil conspiracy, according to the suit.

The TechCrunch founder says he has filed suit with the Northern District of California Federal court against Fusion Garage alleging fraud and deceit, misappropriation of business ideas, breach of fiduciary duty, unfair competition and violations of the Lanham Act (trademark protection).

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

The class - action lawsuit, Wildman et al v. American Century Services, LLC et al, alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.

On August 25, 2009, The Pennsylvania Funds filed a class action lawsuit in the Superior Court of the State of California, County of Alameda, purportedly on behalf of the stockholders of Avigen, Inc., against Avigen and its directors, alleging that Avigen's directors breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc..

Two participants in Home Depot Inc.'s 401 (k) plan have sued plan executives alleging that excessive fees and poor - performing investments represented a breach of their fiduciary duties under the Employee Retirement Income Security Act.

Advocates of reverting back to a free model filed a lawsuit in 2014 in the New York Supreme Court alleging that the board, in deciding to charge tuition, breached its fiduciary duty to protect the college's mission.

Accordingly, plaintiff alleges, the course breached its duty to (a) «secure the premises of the golf course and to warn its business invitees, including the Plaintiff, of the alligator's aggressive presence, size, or aggressive behavior;» and (b) «make the golf course premises reasonably safe for the Plaintiff and to warn the Plaintiff of the presence of the large, dangerous, and aggressive alligator.»

Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Rather, the asserted basis for liability is founded in: Mr. Kelley's alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's breach of a pleaded duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

John has counseled clients in actions based on violation of state and federal securities laws relating to the sale of unregistered securities and fraudulent investment schemes, and in employment controversies that focus on non-solicitation agreements and alleged breach of fiduciary duty.

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

(14 day trial; Construction contract; project management; claims alleging fraudulent misappropriation, deceit, breach of fiduciary duty, dishonest assistance and professional negligence against designers / project managers; claim for an account; all serious allegations against Marc Beaumont's client dismissed).

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

The breach of fiduciary duty claim, which relies on New York State law, alleges that the Mortmans stripped IQT, Ltd. of assets and prevented IQT, Ltd. from paying employees their termination entitlements.

Claims for damages for personal injury arising from an illness alleged to have developed as a result of employment generally fall within LA 1980, ss 11 and 14, since they are usually brought in negligence or breach of duty or both.

Is the province and / or the federal government liable for alleged breaches of pre - and post-Confederation duties.

The claim further alleges that TD is liable for providing knowing assistance in the breaches of duties and breaches of trust by Stanford and others.

The applicable limitation period for alleged fraud, breach of fiduciary duty, and misrepresentation under the Limitations Act, 2002 is two years.

BTZ alleges Nguyen breached his contract and fiduciary duty to the firm when he «improperly solicited» some of its clients to come with him when he resigned in early 2015, including Indcondo Building Corporation, a property development company with a $ 20 - million claim against its one - time business partner.