Sentences with phrase «first breach of duty»

Not exact matches

SHAREHOLDER ALERT: Purcell Julie & Lefkowitz LLP Is Investigating Twenty - First Century Fox, Inc. for Potential Breaches Of Fiduciary Duty By Its Board of DirectoOf Fiduciary Duty By Its Board of Directoof Directors

According to Serjeants Inn Chambers, the chambers of counsel for ARB, the case is the first wrongful birth claim founded on breach of contract rather than clinical negligence, and is a landmark case on the duties owed by IVF clinics.

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

First, there is little difference between defining the «extent» of the duty to defend and determining whether there has been a breach of duty.

Acted for White River First Nation with respect to whether the Director of Mineral Resources breached his duty to consult and accommodation White River in allowing a mining project to be considered for regulatory approval.

On February 22, 2018, Justice Parry found that the officer breached her obligation to inform Mitchell of his right to counsel without delay and breached her implementational duty to facilitate access to counsel at the first reasonable opportunity.

The plaintiff, known only as James C. Doe in court records, alleges the Archdiocese and Cardinal Francis George «breached the duties of reasonable care» when they allowed Daniel McCormack to become a priest in the first place.

Ms. Brake ought to have accepted the demotion to the position of First Assistant and that her failure to do so was in breach of her duty to mitigate;

Proving a traffic violation is only the first step in establishing a breach of the duty of care.

The plaintiff must first demonstrate that the defendant owed the plaintiff a duty of care and breached this duty by failing to uphold their end of the bargain.

Platt v. Platt Ref: [1999] 2 BCLC 745 (first instance); [2001] 1 BCLC 698 (Court of Appeal) Acted at first instance and on appeal for the successful former shareholders in an action against a director who purchased their shares on the basis of misrepresentations and / or non-disclosure and / or in breach of his fiduciary duty.

This was clearly in breach of Mr Emmett's fiduciary duties owed to First Subsea.

This short note discusses the recent case of First Subsea Ltd v Balltec Ltd and others [2017] EWCA Civ 186 and its effect on the availability of the limitation period defence to directors who fraudulently breach their fiduciary duty.

The case involved a director, Mr Emmett, of First Subsea who had breached his fiduciary duties to the company.

When her husband failed to appear in court, his dissipation was soon discovered, and she then filed a legal malpractice claim against her first and second lawyers, claiming that they breached their duties of care in failing to obtain an order from the divorce court freezing the couple's bank accounts.

Affirming, the First District dove deep into the nature and reach of the breach of fiduciary duty, consumer fraud, and conversion torts under Illinois law.

At first instance the Judge held in Swynson's favour that the repayment (through Mr Hunt's refinancing) of the first two loans from Swynson to EMSL was collateral to the loss caused by HMT's breach of duty and did not extinguish Swynson's loss.

Did the first set of defense lawyers breach their duty of confidentiality when they publicly announced why they were withdrawing?

First, the New Mexico court stated in order to succeed on a negligence claim, a duty must be owed to a plaintiff, that duty must be breached, and the breach must be the proximate cause of the plaintiff's injury.

Whether the First and / or Second Defendants are liable to the Claimants or to any additional potential Claimants in negligence and / or for breach of statutory duty in respect of:

She held that allowing defence counsel to attend at a first stage hearing under a confidentiality undertaking would breach this rule and would place defence counsel in a a conflict of interest (torn between her duty to the court and client).

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.

As we first reported last month, Mike Rothenberg, the beleaguered founder of the San Francisco - based venture firm Rothenberg Ventures, has been involved in an ongoing SEC inquiry into possibly deceptive financial practices within his firm that include wire fraud, bank fraud, breach of fiduciary duty and retaliation against a lower - level employee who was fired and allegedly threatened with a lawsuit after bringing these allegations to the SEC.

In the case of Carner v. Shapiro, the landlord was found to have breached the duty of quiet enjoyment to one of his first floor tenants when all the landlord was doing was remodeling the upper stories of the building.

First, the Fords alleged that the Salesperson had shared confidential information with a third party, which could constitute a breach of a fiduciary duty.

In Smith v. First Family Financial Services, the Supreme Court of Alabama addressed allegations by borrowers against a mortgage lender and correspondent lender alleging fraud, breach of fiduciary duty, and conspiracy.

In the first case, the court considered whether the licensee's actions constituted a breach of fiduciary duty.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained