Duty of Care

News & Analysis as of

Illinois Supreme Court Abolishes Long-Standing Public Duty Rule

A divided Illinois Supreme Court issued its decision in Coleman v. East Joliet Fire Protection District et al., 2016 IL 117952, on Jan. 22, 2016, abolishing the common-law standard that a local governmental body and its...more

Director Cybersecurity Risk Oversight and Actions

This article begins by providing an overview of the duty of directors to oversee risk, including cybersecurity risk, in the cyberattack context and then outlines actions that board of directors are taking as reported by...more

See You In Court – January 2016

At the time, it seemed like a good idea. The Nutmeg Public Schools have long cherished its friendship with its sister city of Nutmeg, Belgium, and after years of discussion and months of planning, last summer the Nutmeg...more

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

The California Court of Appeal Affirms that the Primary Assumption of Risk Doctrine Bars a Delivery Driver’s Negligence Action...

In Moore v. William Jessup University 2015 DJDAR 13751, the California Court of Appeal, Third Appellate District, affirmed the trial court’s granting of summary judgment in a delivery driver’s negligence action against a...more

Engineers Beware!! California Courts Have Held Engineers Owe A Duty Of Care And Are Liable to Contractors For Plans And...

In a detailed explanation of an Engineer’s duties and responsibilities, the United States District Court for the Northern District of California held that an engineer that prepares plans and specifications relied upon by...more

Cybersecurity Risks: Directors and Officers Should Stop, Collaborate and Listen

The risks associated with cyber-attacks and data breaches are growing in Canada and internationally and the costs associated with an organization preventing, detecting, responding to and recovering from such an incident can...more

Why You May Be Responsible for Injuries Suffered by a Non-Customer

If you have ever been involved in a personal injury case, you probably heard the word “duty” or the phrase “duty of care” used a lot. Duty is a key concept in negligence claims. Broadly speaking, it is the legal obligation...more

Lender Not Liable for Client’s Suicide

In Surloff v. Regions Bank, et al., No. 4D14-842, 2015 WL 7275207 (Fla. 4th DCA Nov. 18, 2015), the Fourth District Court of Appeal of Florida was faced with the issue of whether Regions Bank (the “Bank”) had any duty or...more

U.S. District Court for Northern District of California Holds Engineer May Be Liable to Contractor for Breach of Professional Duty...

Apex Directional Drilling, LLC v. SHN Consulting Eng’rs & Geologists, Inc., 2015 U.S. Dist. LEXIS 105537 (N.D. Cal. Aug. 11, 2015) - The United States District Court for the Northern District of California held that an...more

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19330 - Lawrence v. O & G Industries, Inc. - SC19331 - Beamer v. O & G Industries, Inc. Construction companies do not owe a duty of care to workers employed on a job...more

The Importance of Oversight: Recent Trends in Delaware Financial Advisor Liability

The Delaware Court of Chancery recently made a series of rulings that underscore the importance of oversight by directors in performing their fiduciary duty of care, particularly as it pertains to financial advisors and their...more

Alcombrack v. Ciccarelli - Court of Appeals Declines to Broaden Tort Duties

A couple defaulted on their home loan obligations on a house they leased to a tenant. The couple did not tell the tenant about the default. After a trustee’s sale, the lender hired a company to inspect the house; and the...more

Stadium Owners Watching Closely To See if Insurer Fumbles Reggie Bush Claim

San Francisco 49ers running back Reggie Bush reportedly intends to sue the city of St. Louis after slipping on a concrete surface behind the St. Louis Rams’ bench during a recent game, injuring his knee and ending his season....more

Court of Chancery Applies Business Judgment Standard Under New Supreme Court Precedent

This is an important decision that reverses a prior opinion in the same case. The Court did so because after it issued its prior opinion, the Delaware Supreme Court issued its Corwin decision holding that when a merger is...more

IRS Encourages Private Foundations to Consider Charitable Purposes in Investing Its Assets

As we previously reported, the IRS has updated its guidance with helpful examples concerning program-related investments for private foundations. In its recently issued Notice 2015-62, the IRS provides further assurance that...more

The Second Appellate District Finds UCLA Not Liable For Third Party Criminal Acts of a Student With a Known Mental Illness

The Regents of the University of California, et al. v. Superior Court of Los Angeles County Katherine Rosen, Real Party in Interest - Court of Appeal, Second Appellate District(October 7, 2015) - The issue in this...more

Delaware Court of Chancery Cautions Directors: Be Vigilant in Recognizing Advisor’s Conflict of Interests

Shareholders challenged the merger of Zale Corporation with Signet Jewelers Ltd. In a decision dated October 1, 2015, the Delaware Court of Chancery credited allegations that the board of directors of Zale breached its...more

The European digital single market: where are we now?

It has been a busy few months for the European Commission. When the Commission announced its plans for the digital single market (DSM) on 6 May, many commentators and stakeholders felt that it provided more questions than...more

Update from Wilson Elser’s D&O Insurance Digest

Litigation Developments and Mega Settlements - Dole Food, Inc. Derivative Action – Delaware Chancery Court Finds D&Os Engaged in Fraud - Dole Food, Inc. shareholders sued Dole Chairman and CEO David Murdock and Dole...more

Chancery Court Provides Lessons on Conflicts of Interest in a Sales Process – Holds Only Financial Advisor Open to Liability

In an October 1st decision (In re Zale Corporation), the Delaware Chancery Court dismissed claims that Zale Corporation’s directors breached their fiduciary duties in connection with Zale’s agreement to merge with Signet. ...more

Three Recent Delaware Decisions Highlight the Importance of Director Independence and Risks for M&A Financial Advisors

On September 28 and October 1, 2015, the Delaware Court of Chancery issued decisions in Caspian Select Credit Master Fund Limited v. Gohl, C.A. No. 10244-VCN and In re Zale Corporation Stockholders Litigation, C.A. No....more

Mitigating Damages: The Owner's Duty in a Condemnation Case

When a property owner is faced with a condemnation case, what is its responsibility for maintaining the property and reducing damages? In most cases, the owner still has a duty to responsibly care for the property....more

Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

Solid "No Designer Liability" Decision in a Non-Pharma Case in the Eastern District of Pennsylvania

On September 13th, we, as Drug and Device Law Jews, celebrated Rosh Hashanah, the Jewish New Year. Normally, we host dinner for 20 or so members of our extended family. This year, the entire day before the holiday was...more

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