Sentences with phrase «fiduciary rule liability»

The result could cost the clients a lot of money and expose the advisor to fiduciary rule liability, experts say.

Not exact matches

Since the DOL announced it would not delay the Fiduciary Rule on May 22, we've received several calls from anxious clients unclear about how the regulation affects their 401 (k) plan and / or fiduciary lFiduciary Rule on May 22, we've received several calls from anxious clients unclear about how the regulation affects their 401 (k) plan and / or fiduciary lfiduciary liability.

''... Raytheon court's ruling means that the fiduciary - liability policies never have an obligation to respond to a follow - on ERISA case that is made in any year other than the year that the securities case is brought.

Lending Policies, Custom and Practice / Lender Liability Broker Standards of Care and Fiduciary Responsibility Loan Underwriting and Credit Administration Loan Process and Bank Loan Restructure / Workout Process Note Valuations / Collateral Review Litigation and Discovery Consulting Banking Operations / Administration Specialty Niche in SBA Real Estate Lending Construction RE Lending & Administration Expert reports adherent to Federal Rule 26 Loan Syndication / Secondary Market Loan Sales Title Insurance Cases Experienced in trial and deposition testimony

(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.

The trial court based Werth's liability upon negligence in failing to observe the existence of the second mortgage, breach of fiduciary duty, and unfair dealing in violation of the rules regulating brokers.

The courts have repeatedly ruled that Realtors also possess special skills, have fiduciary duties and must adhere to a certain standard of care in the performance of their work, so logic would demand that this type of liability - by - proximity also extends to real estate professionals.