Sentences with phrase «breach of duty more»

The first chapter reminds the reader of what a company director's duties are, and although company law books traditionally cover this topic, it is helpful to start in this way because discussion moves on to personal claims and the relevance of a director's breach of duty more generally in other claims for relief.

Not exact matches

Today, more than 80 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct.

The 12 - year old scandal over the Australian Wheat Board's payments to the government of Iraq has moved closer to final resolution, with its former chairman Trevor Flugge convicted today of breaching his duties as a director but cleared of more serious charges concerning his knowledge of the payments.

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.

For example, when financial advisors — faced with a dizzying array of share classes and sales charge structures — choose a fund that provides more generous compensation, they may be accused of breaching their fiduciary duty.

Plan fiduciaries have been charged with breaching their fiduciaries duties under ERISA by selecting more expensive share classes of investments than were available to the plan.

But more than that, it's a breach of your own professional duty as an ethical engineer too.

While this curtails the draconian remedy of avoidance, insurers may find courts more willing to conclude that there has been a breach of this duty, knowing that the consequences for the policyholder will be more proportionate to the breach.

While corporates are more likely to be victims of attacks, these claims could include: breach of duty in contract and tort (customers / suppliers); negligence; breach of the Payment Services Regulation 2009 (Reg 61) and the GDPR; breach of s 13 of the Supply of Goods and Services Act 1982; breach of privacy for unauthorised disclosure of personal data; and breach of directors» duties (Companies Act 2006).

An injured Maine motorcyclist must be able to submit admissible evidence that more likely than not a defendant's breach of duty (such as a right - of - way violation) was the cause of his injuries.

The Supreme Court of Canada announced today that it would hear an appeal from the Mikisew Cree First Nation about whether Canada breached its duty to consult when drastically Read More

You must show that it is more likely than not that the healthcare professional's breach of duty caused your injury.

Badoux's practice spans a national and international scale as he handles a variety of labor and employment litigation matters, including labor relations, harassment claims, wage and hour audits, breach of fiduciary duties and more.

There is more to this judgement — including an affirmation of a school board's duty to ensure a safe school environment, a finding that the police breached section 8 and a exclusion of evidence finding — but I'll end this post here in favor of brevity.

Such malpractice actions require proof of each element of a malpractice claim — duty, breach, injury, causation, and damages — by a preponderance of the evidence and may require the testimony of experts with respect to more than one of these elements.

Negligence, or a breach of the duty of care, can include behaviors ranging from speeding to texting while driving to failing to properly monitor an expecting mother to insufficiently removing snow or ice from a sidewalk and more.

[40] I agree with the plaintiffs that the case law supports the proposition that, notwithstanding there was no written agreement between the plaintiff and the defendants, the defendants breached their duties of loyalty, good faith and avoidance of conflict of interests and self - interest while working in the plaintiff's employ... [more]

The breaches of fiduciary duty were to the fellow shareholders who... [more]

The absence of disclosure matters, but surely accepting a tender without being instructed to do so by your client is an even more obvious breach of the lawyer's duties.

We even handle the more complex cases that most smaller and solo firms won't handle, such as breach of fiduciary duty, wrongful death, complex real estate disputes, mergers and acquisitions, asset sales agreements, and general counsel services.

Where policyholders are deemed to have breached the duty of fair presentation the Act now provides more commercially flexible and proportionate remedies rather than the previous single remedy of avoidance.

The other message that burns brightly throughout HHJ Hodge QC's judgment is that establishing breach of duty is only one hurdle professional negligence litigators have to overcome: failure to prove causation means nominal damages; nominal damages means adverse costs; adverse costs means more pain for the client; and there is no need for a crystal ball to anticipate that inevitable conclusion.

Learn more about our breach of fiduciary duty litigation practice >>

El - Aref International Law Office successfully defended a corporation and its affiliates in a successful defense of a fraudulent conveyance and breach of fiduciary duty lawsuit brought by unpaid creditors, in which the plaintiff had sought to recover more than 6 million USD

As well, many companies are not aware of gaps in «traditional» insurance products that more specialty liability insurance products (i.e. media and Internet liability, cyber liability) are intended to catch, including breach of fiduciary duty to protect privacy of client information, content exposure (defamation, intellectual property), damages caused by virus, third party financial losses due to system downtime, costs associated with data breach notification following a cyber attack / hack, etc..

In other cases, it may be much more difficult to prove that the defendant breached the duty of care by a preponderance of the evidence.

January 27, 2015By Racing to the Courthouse, Insurers may be Breaching the Duty of Good Faith Owed to Policyholders more >

Nursing home neglect on the other hand is more about a breach of a duty owed then the intent to specifically and intentionally harm a resident.

Topics discussed include apprehension of bias in tribunal decisions, the impact of a breach of the duty of fairness, components of the right to a fair hearing, and more.

The Squamish and Lil» wat Nations (the «Nations») successfully claimed that the Province breached the duty to consult in its approval of the 2011 Official Community Plan (the «OCP») for Read More

Secured dismissal of eight claims, and obtained defense verdict and dismissal of breach of fiduciary duty claim in an additional claim in a matter in which a pension fund sought more than $ 120 million from an investment consulting firm client.

John Batter's practice focuses on the defense of public and private companies and their directors and management against breach of fiduciary duty claims and securities fraud... Read More

The Applicants sought: 1) a declaration that the Respondent CEO has acted oppressively, in breach of his fiduciary duty to BitRush; 2) an order transferring shares of BitRush from the Respondent UK company to certain other stakeholders; and 3) an order that the Respondent UK company's remaining shares in BitRush be... Read More

«One could scarcely imagine a more correspondent set of remedies as damages for fraudulent breach of contract and equitable compensation for breach of fiduciary duty in relation to the same factual situation.»

If the defendant would have had to spend $ 1,000,000 to make the tracking system more accurate and greater accuracy would only have increased the amounts due based upon unique users by $ 10,000, it would probably not breach their duty of good faith and fair dealing to refrain from purchasing this more expensive and more accurate tracking software, particularly if the defendant made a $ 10,000 allowance for the estimated number of omitted unique users as a result of using less accurate tracking software and increased compensation under the contract accordingly.

It was held that the alleged breaches of fiduciary duty were no more than the equitable counterparts of the claims at common law and that:

Attorneys who are planning to leave a law firm should have counsel to guide them and help prevent breaching any fiduciary duties to the firm; law firms experiencing the departure of one or more associates often employ counsel to prevent the departing lawyers from damaging the business of the firm or improperly taking away client.

In some cases, a breach of duty is admitted, while in other cases, one or more defendants may have different versions of what happened.

However, breach of duty and causation can be more subtle, and in a multi-vehicle accident, it may be necessary to retain an expert to testify as to what actually happened to cause your injuries.

Even if the respondent should have told the appellants in a more timely fashion that the barn would have no pigs at the time of closing, it did not amount to a breach of the duty of good faith, per Bhasin v. Hrynew, 2014 SCC 71, sufficient to trigger a remedy for the appellants given the terms of the contract.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

While the law does not prohibit acting for more than one party, it is not possible for a licensee to act as the agent for more than one client whose interests may conflict without being in breach of their fiduciary duties (see Sole agency above) to each client.