Duty of Care

News & Analysis as of

Hong King: Companies Ordinance 2014 and Directors' Duties

A new Companies Ordinance (CO) came into effect in Hong Kong on 3 March 2014, which introduced a number of changes to the law on directors’ duties. ...more

Is the Irreversible Truly Unforeseeable?: The Law of Suicide

According to the Centers for Disease Control and Prevention, the number of suicide deaths in 2010 was 38,364, making it the tenth leading cause of death in America. For younger demographics, the numbers are even more...more

Weekly Law Resume - March 2014: An Employer Does Not Owe a Duty of Care to its Employee’s Later-Conceived Child

Waleed Elsheref, a Minor, etc., et al., v. Applied Materials, Inc. - Court of Appeal, Sixth District (January 27, 2014)- Plaintiff Waleed Elsheref’s father, Khaled Elsheref (“Khaled”) worked as an engineer for...more

Illinois Supreme Court's March Docket Announced

The Illinois Supreme Court has published its docket for the March term in Chicago. The civil cases on the Court's docket include...more

California Appellate Court Finds Employer Has No Duty to Future Child for Parent-Employee’s Preconception Exposure to Toxins

The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all...more

Emerging Trends in Lawsuits Against Real Estate Professionals

The current real estate market has caused an increase in activity for real estate professionals. With this increase in activity, there has also been an increase in litigation against real estate agents, brokers, appraisers,...more

Illinois Supreme Court to Decide Whether Insurance Agents Owe a Duty of Care

Our previews of the civil cases which the Illinois Supreme Court agreed to review in the closing days of the January term continue with Skaperdas v. Country Casualty Insurance Company, a decision from the Fourth District....more

Eleventh Circuit Rejects Extension of the “No Duty” Rule and Allows D&Os to Pursue State-Law Defenses Based on FDIC Conduct

In a decision announced at the end of 2013 in the case of FDIC v. Steven Skow, et al., the U.S. Court of Appeals for the Eleventh Circuit rejected an argument proposed by the Federal Deposit Insurance Corporation (FDIC) that...more

Cybersecurity and the duty of care: a top 10 checklist for board members

Visibility on information security, including cybersecurity as well as physical security aspects, is increasingly permeating corporate life. The relatively new SEC requirements for public disclosure of cybersecurity...more

Fast Five: Rhode Island Appellate Practice - January 2014: Premises Liability Update: Rhode Island Supreme Court Holds That...

In Burton v. Rhode Island, No. 2012-213-Appeal; 2012-268-Appeal, the Rhode Island Supreme Court held that a 17-year-old trespasser could not invoke the attractive-nuisance doctrine because he could not establish that he did...more

German Federal High Court underlines the legality of a linkage between a consumer’s purchase and his/her participation in a raffle...

According to its press release, the German Federal High Court (“BGH”) decided on 12 December 2013 (1 ZR 192/12) that Haribo was allowed to advertise raffles in which only customers who bought specific products were allowed to...more

Auditors’ Liability to Third Parties: Small closely-held corporations

In Waxman v. Waxman (2004), 186 OAC 201, the Ontario Court of Appeal considered whether the Hercules Managements analysis is applicable in a case brought by a shareholder of a small, closely- held corporation where concerns...more

New California Court of Appeal Decision Reaffirms General Rule that Residential Lenders Owe no Duty to Borrowers, Including in the...

In a recent decision, Lueras v. BAC Home Loans Servicing, LP, 2013 Cal. App. LEXIS 886, the California Court of Appeal returned to the general rule that, absent unique circumstances giving rise to a duty of care, lenders do...more

Legal Notebook - December 2013

In honour of the current Ashes cricket series (and given that, at the time of writing, there has just been a resounding victory by Australia in the First Test), we have elected to focus this edition of Legal Notebook on a...more

Class Action Regarding Whirlpool Washing Machines Dismissed but Possibility for Future Claims for Economic Loss for “Shoddy”...

In Arora v. Whirlpool Canada LP, 2013 ONCA 657, the Ontario Court of Appeal upheld Justice Perell’s decision to deny certification for a proposed class action alleging pure economic loss. (Justice Perell’s decision is...more

Delaware Chancery Court Permits Shareholder to Bring Fiduciary Claim for Board’s Violation of a Stock Incentive Plan

On November 8, the Delaware Chancery Court denied a motion to dismiss a derivative action brought by a shareholder of Healthways, Inc. against the company’s president, Ben Leedle, Jr., and the board of directors for approving...more

Auditors’ Liability to Third Parties: An Overview

Historically, the doctrine of privity of contract prevented third parties from claiming against auditors for negligently prepared audited reports. The landscape changed with the recognition of the tort of negligent...more

‘Court procedure rules overcome Section 6 LR(MP) Act Problem’

In Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd (In Liq); in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in Liq) [2013] FCA 883, the Federal Court of Australia granted leave to join the...more

Washington Bars Insurers from Maintaining Legal Malpractice Suit Against Policyholder Defense Counsel

In Stewart Title Guar. Co. v. Sterling Savings Bank, et al., Wash. No. 87087-0 (October 3, 2013), the Washington Supreme Court held that a nonclient insurer may not pursue a malpractice claim against appointed defense counsel...more

Fast Five: Rhode Island Practice Group - November 2013: Premises Liability Update: Rhode Island Supreme Court Confirms That...

In one of the first decisions issued this term, the Rhode Island Supreme Court confirmed in Wyso v. Full Moon Tide, LLC, No. 2012-195-Appeal; 2012-359-Appeal that neither property owners nor lessees of real property owe a...more

Illinois Supreme Court to Decide If Wrongful Death Plaintiff's Lawyer Owes Duty to Next of Kin

Our previews of the newest additions to the Illinois Supreme Court's civil docket continue with Estate of Powell v. John C. Wunsch, P.C., a case from the Third Division of the First District which poses this question: does...more

Court of Appeal dismisses appeal by quadriplegic

In Streller v Albury City Council [2013] NSWCA 348, the NSW Court of Appeal dismissed a young quadriplegic’s appeal from a judgment of the Supreme Court. The issues on appeal concerned duty of care, breach, obvious risk and...more

Washington Supreme Court undercuts “Public Duty Doctrine” ... Again

In Washburn v City of Federal Way No. 87906-1 (not yet reported), an October 17, 2013, unanimous decision, the Washington Supreme Court again struck a blow against the now teetering public duty doctrine. This brief note will...more

Paul v Cooke – Breach unrelated to risk

The recent judgment of the New South Wales Court of Appeal in Paul v Cooke [2013] NSWCA 311 held that the scope of a negligent defendant’s liability does not extend beyond the occurrence of a particular risk that cannot be...more

Health Alert (Australia) - September 30 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Legislation: Commonwealth - 16 September 2013 - Health insurance (botulinum toxin for urinary incontinence due to...more

54 Results
|
View per page
Page: of 3