Sentences with phrase «breach of a legal duty»

The Judge found that the defendant surgeon «chose to provide a liposuction procedure which had been neither requested nor required» and acted in breach of her legal duty to the claimant patient.

With few exceptions, fault for falling asleep at the wheel is always attributed to the driver because it is the most obvious breach of a legal duty to exercise reasonable care.

Negligence is a legal term describing the breach of a legal duty owed to another.

Personal injury law refers to this culpable behavior as «negligence» or the breach of a legal duty to another.

Negligence refers to the breach of a legal duty that one party owes to another.

Negligence refers to the breach of a legal duty of care owed to another.

These contributing factors can lead to a breach of the legal duty to exercise reasonable care that all drivers owe to other people.

Not exact matches

Gumala Aboriginal Corporation is taking legal action against its former chief executive, Steve Mav, for allegedly breaching his duties while he was at the helm of the indigenous group.

Rigrodsky & Long, P.A. announces that it is investigating potential legal claims against the board of directors of Analogic Corporation («Analogic» or the «Company»)(NASDAQ GS: ALOG) regarding possible breaches of fiduciary duties and other violations of law related to the Company's entry into an agreement to be acquired by an affiliate of Altaris Capital Partners, LLC («Altaris») in a transaction valued at approximately $ 1.1 billion.

This comes on the heels of Gov. Andrew Cuomo's State of the State address, in which he pledged to sue pharmaceutical companies that breached «their legal duties to monitor, detect and report suspicious orders of prescription opioids.»

This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty thorough wilful intent or gross negligence on the part of the Hotel, a legal representative or a vicarious agent of the Hotel.

A letter from FoE addressed to Shell's CEO Van Beurden, argues that «Shell, through its corporate activities and corporate strategy, is breaching its legal duty of care by causing climate damage across the globe and undermining the ambitions of the Paris agreement.»

Breach of director's duties are serious, and are likely to go straight to legal action.

of the Legal Prof. 283, at pp. 296 - 298, I suggested that we should regard lawyer independence as a public trust and that we should meld non-governmental oversight and the public trust as the way to deal with lawyer regulators who breach their fiduciary duty to regulate in the public interest.

Given: (1) the misery and damage caused to the majority of the population by the problem; and, (2) the law societies» refusal to try to solve the problem, the commercial producers have a strong argument that they should be treated as equal to the ABSs in providing relief from the consequences of the law societies» breach of trust, i.e., their failure to perform the duties attendant to their monopoly over the provision of legal services.

When a breach of this duty occurs, the help of a qualified attorney can be the best way to protect your legal interests.

However, the legal basics call for a duty to the victim, breach of that duty, causation, and actual damages.

All 50 births took place between February 2012 and September 2015 and legal liability (breach of duty and causation of -LSB-...]

Tags: BC estate lawyer, breach of fiduciary duty, Executor Administrator, Executor Issues, Executor Removal, Executors and Fiduciaries, Fiduciary, Fiduciary Issues, Fiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, Technical Legal

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

GDPR will introduce a new legal duty to formally report certain types of data breaches within 72 hours of becoming aware of the breach.

If your loved one choked because the nursing home breached its duty of care, then your loved one, or her survivors, may be able to take legal action against the nursing home and may pursue financial damages.

Breach of Duty and Causation — The person or business entity you blame for your injury must be proven to have breached their legal dDuty and Causation — The person or business entity you blame for your injury must be proven to have breached their legal dutyduty.

When an attorney breaches any of these fiduciary duties by acting negligently / incompetently or failing to uphold standards under lawyer ethics or the professional code of conduct, a client may have an action for legal malpractice.

The litigation firm, which was brought in by the chain's administrators PricewaterhouseCooper (PWC) earlier in the month, is set to begin looking into the conduct of the Phones4u directors who could be the subject of legal action if found to have been in breach of their duties.

Our legal team represents directors and officers facing all types of allegations, ranging from fraud and breaches of fiduciary duty to negligence and financial mismanagement.

Tort Claim In general terms, a tort is a civil wrong, involving a breach of duty or a negligent act by one person which results in injury or loss to another, and gives the injured party the right to bring a legal action for damages.

In this case, there were difficult legal issues to unwind around what constitutes a sexual assault versus a breach of a parent's fiduciary duty.

In January 2005, a judge dismissed the plaintiffs» claims for legal malpractice and breach of fiduciary duties, saying they had been filed outside the statute of limitations, Law.com reported.

May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?

According to the article, the Bair Foundation a Christian charitable foundation sued Reed Smith for breach of contract, breach of fiduciary duty, legal negligence and unjust enrichment.

«Neglect» refers to the legal concept of negligence, in which a party breaches a legal duty of care and causes an accident.

Dallas personal injury and accident law defines a «tort» as an «unlawful violation of a private legal right other than a mere breach of contract, expressed or implied,» and maintains that «a tort may also be the violation of a public duty if, as a result of the violation, some special damages accrues to the individual.»

In addition to the notification requirements under privacy legislation, the organization could also have a broader legal duty under negligence law to notify an individual whose data has been breached if that breach could harm, or could materially increase the risk of harm to, that individual.

In that example, it appears that the injured driver breached a legal duty by failing to use his seatbelt, a device that would help restrain him in the event of an accident.

The legal team at the firm has achieved impressive results for clients who are the innocent victims of negligence or breach of duty.

In any accident case, the plaintiff must establish that the defendant owed him and breached a specific legal duty of care.

Formally, to establish a claim for negligence, the victim must demonstrate: (1) the defendant had a legal duty to conform to a certain standard of conduct; (2) the defendant breached that duty; and (3) the plaintiff sustained damage that was proximately caused by the defendant's breach.

The legal repercussions of breach of fiduciary duty are and should be enormous.

Warnings» content (identical for both warnings) Information relating to: The Internet's subscriber's duty to monitor his Internet access, to ensure that it is not used for any copyright infringement (article L.336 - 3 of the IPC) the existence of securitization measures to prevent a breach of this duty the penalties incurred the legal offer of online cultural content

In particular, I think the LSBC has a problem because benchers «must not implement a resolution if to do so would constitute a breach of their statutory duties» (13 (4) of Legal Profession Act).

But even if a breach of duty is shown or admitted, causation may be beyond legal proof.

Cousin has over twenty years experience in complex commercial litigation, including directors and officers liability litigation (including claims for advancement of legal fees and indemnification), ERISA litigation (including claims for breaches of fiduciary duty), fiduciary litigation, professional liability litigation, and securities litigation.

The landowner, property manager, landlord, tenant, occupant, etc. breached their legal duty to the injured party (typically by failing to keep the premises reasonably safe and / or to warn of any known dangerous conditions on the property, or failing to investigate the potential for dangerous conditions in a commercial setting)

Next, you must prove that the defendant's breach of duty was the legal cause (or at least a partial cause) of your injury.

The breach of the duty of care must be the legal cause of the harms suffered by the injured person.

In order to prove anesthetic malpractice, the patient or surviving family member must show that the doctor breached a legal duty of care.

This duty of care is a legal requirement and if they breach the duty and cause harm, they can be held accountable.

Complex legal issues in relation to the alleged breaches of confidentiality and breaches of fiduciary duties relating to the alleged receipt of «secret commissions».

$ 45.6 Million Jury Verdict for legal malpractice, fraud, and breach of fiduciary duty involving concealment of conflict of interest in a real estate transaction.