News & Analysis as of

Breach of Duty Negligence

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

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In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Robinson+Cole Data Privacy + Security Insider

David’s Bridal Hit with Class Actions Over Two Data Breaches

This week, two class actions were filed in the U.S. District Court for the Eastern District of Pennsylvania against David’s Bridal based on two data breaches. The actions allege that David’s Bridal failed to protect the...more

Marshall Dennehey

Existence of Duty in Negligence Matter Hinges on the Relationship Between the Parties.

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Meros v. Sunbelt Rentals, Inc. --- N.E.3d ----, 2023 WL 8271002, 2023-Ohio-4313 - Candice Matthews, as fiduciary of the Estate of Tanisha M. Matthews and Asiah T. Matthews, appealed the trial court’s decision granting summary...more

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

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In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more

Hinshaw & Culbertson - Lawyers for the...

A Defense Win in Texas on the Issue of "But For" Proximate Causation in a Legal Malpractice Case

Forshee v. Moulton, 2024 Tex. App. LEXIS 2520 (Houston [14th Dist.] April 11, 2024) - Brief Summary - The Texas Court of Appeals held that when a plaintiff's claim against her former attorney properly is grounded in...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Affirms Default Judgment Against Attorney After He Repeatedly Fabricated Expert Witness Disclosures "From...

Iavor Stoyanov v. Himont Law Group, Ltd., et al., 2024 IL App (1st) 221434-U (April 15, 2024) - Brief Summary - The First District Appellate Court in Illinois held that the trial court (Judge Patrick J. Sherlock) was correct...more

Hinshaw & Culbertson - Lawyers for the...

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the...more

Proskauer - Corporate Defense and Disputes

Delaware Chancery Court Holds that High Standard for Oversight Liability Applies to Corporate Officers

The Delaware Court of Chancery recently held that claims for breach of the fiduciary duty of oversight are not easier to plead against corporate officers than against corporate directors. The decision in Segway Inc. v. Cai...more

Lowenstein Sandler LLP

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

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On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on...more

Fuerst Ittleman David & Joseph

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home...

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more

White and Williams LLP

Indiana Appellate Court Allows Third-Party Spoliation Claim to Proceed

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In Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et al, No. 22A-CT-1924, 2023 Ind. App. LEXIS 157, the Court of Appeals of Indiana (Appellate Court) reversed a trial court...more

DarrowEverett LLP

Protect Ya Neck: The Wu-Tang Clan, Independent Contractors and the Potential Expansion of Negligent Hiring Claims

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Instead of toiling over a 130-page private placement memorandum as an attorney or reviewing payroll as the head of the family business, imagine for a moment that you are Method Man, the de-facto lyrical leader of the Wu-Tang...more

Rivkin Radler LLP

New York’s Highest Court Again Declines to Erode the “Special Duty” Doctrine

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Municipal litigation counsel can continue to sleep soundly. Before the New Year, the New York Court of Appeals, once again, reaffirmed the “special duty” doctrine in Maldovan v. County of Erie. As any first-year law...more

Cadwalader, Wickersham & Taft LLP

Title (Coverage) Not Available

Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary duty to their insureds....more

Patton Sullivan Brodehl LLP

Quasi-Judicial Immunity for Court-Appointed Partition Brokers

In California, several classes of persons are entitled to some form of immunity protecting them from liability for activities performed in connection with judicial proceedings. For example, “judicial immunity” bars civil...more

Wiley Rein LLP

‘Wrongful Acts’ Includes Both Negligent and Intentional Acts

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had a duty to defend an insured condominium association and its board members against an underlying...more

Dechert LLP

Dechert Cyber Bits - Issue 21

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US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Troutman Pepper

Plaintiff, Partner, or Neither? The bZx DAO and the Unknown Tale of Token Approvals

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Seven years ago, Ethereum launched and became the predominant blockchain for developers to build decentralized applications powered by smart contracts (dApps). By leveraging Ethereum's smart-contract compatibility, developers...more

Farrell Fritz, P.C.

Principles of Fiduciary Deference: The Business Judgment Rule and Exculpatory Clauses

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A number of lawsuits have percolated through New York’s courts over the past five years between Adam Max, son of world-renowned visual artist Peter Max, and Adam’s sister, Libra, over control and management of the family...more

Epstein Becker & Green

An Outlier No More?: New Jersey Supreme Court Considers Overturning “New Business Rule”

On April 26, 2022 the Supreme Court of New Jersey heard arguments about whether New Jersey should retain the judicially created “new business rule”. Since 1936 the rule has held that in the context of calculating damages...more

White & Case LLP

2021 Half-year in review: M&A legal and market developments

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We set out below a number of interesting English and European court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical...more

McGuireWoods LLP

New Complaint – DeCoster v. One Seven d/b/a We Are One Seven, LLC

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DeCoster v. One Seven d/b/a We Are One Seven, J Wellington Financial, LLC, and Jason Jodway was filed in the Circuit Court for the County of Macomb, Michigan on January 28, 2022, seeking damages and equitable relief along...more

Smart & Biggar

B.C. Supreme Court declines to strike Province’s class action claims to recover healthcare costs and damages related to opioid...

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In August 2018, the Province of British Columbia (Province) commenced a class action on behalf of itself and other provincial and federal governments against approximately 50 pharmaceutical manufacturers, wholesalers, and...more

Law School Toolbox

Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land

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Welcome back to the Law School Toolbox podcast! In today's episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Contamination/Remediation: New York Court Considers Potential Liability of Insurance Company/Environmental Consultant

The New York Supreme Court – Appellate Division (Second Department) (“Court”) addressed in an October 20th Decision & Order (“Decision”) alleged damages associated with the remediation of oil contamination. See Bennett v....more

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