News & Analysis as of

Corporate Liability Appeals

Tucker Arensberg, P.C.

Will the Acceptance of the Appeal in Purdue Pharma by the U.S. Supreme Court Affect Johnson & Johnson?

Tucker Arensberg, P.C. on

Now that the United States Supreme Court has agreed to expeditiously hear the U.S. Trustee’s appeal of the plan confirmation and settlement in Purdue Pharma, lawyers following the LTL Management LLC bankruptcy case, version...more

White and Williams LLP

Third Circuit Decision Highlights Important Distinction Between Directors and Board Observers

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A recent decision by the U.S. Court of Appeals for the Third Circuit offers an important reminder of the distinction between the roles (and exposure to liability) of corporate directors and board observers. In a precedential...more

Butler Weihmuller Katz Craig LLP

Should Amazon be Liable for Products Sold in its Marketplace?

Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third...more

Bracewell LLP

Dropping Anchor: Parent company liability and the English Courts

Bracewell LLP on

Since 2015, three cases have gradually been making their way through the English appeal courts: Lungowe v Vedanta Resources Plc; Okpabi v Royal Dutch Shell; and AAA & Ors v Unilever. To quote the Court of Appeal in...more

Troutman Pepper

Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against...

Troutman Pepper on

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land...more

Perkins Coie

Notable Ruling: Alien Tort Statute Focus in Aiding and Abetting

Perkins Coie on

On Tuesday, October 23, 2018, the Ninth Circuit Court of Appeals issued an important opinion reviving a decade-old Alien Tort Claims Act (ATS) suit based on alleged aiding and abetting slave labor in cocoa farms on the Ivory...more

Flaster Greenberg PC

Law @ Work Employer Newsletter - The Savvy Employer’s Guide to Legal Developments & Quirks that Affect the Workplace

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Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

Butler Snow LLP

Yes, Virginia … You Can Pierce Your Own Corporation’s Veil

Butler Snow LLP on

Question: Can a 50% shareholder pierce her own corporation’s veil to impose liability upon the only other shareholder for an unsatisfied judgment in her favor against their corporation? Answer: Yes. The Tennessee Court...more

Dorsey & Whitney LLP

The Anatomy of Corporate Criminal Liability: Appellate Court Sustains Organizational Conviction and Imposition of Maximum Penalty...

Dorsey & Whitney LLP on

In recent years the buzz in organizational criminal liability has come from so-called “individual liability” for acts of corporate wrongdoing—the idea that managers and employees are not immune from individual prosecution for...more

Hogan Lovells

Parent company liability – Court of Appeal upholds decision rejecting jurisdiction over claims brought against Unilever by victims...

Hogan Lovells on

On 4 July 2018, the Court of Appeal handed down judgment in AAA & Ors. v Unilever PLC and Unilever Tea Kenya Limited [2018] EWCA Civ 1532, dismissing an appeal by victims of the 2007 post-election violence in Kenya....more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: District Court Allows Plaintiffs to Proceed in Al Shimari v. CACI

For Alien Tort-watchers, all eyes are focused on the Supreme Court and the pending decision in Jesner v. Arab Bank, which may determine that corporations are not appropriate defendants in cases brought pursuant to the Alien...more

Hogan Lovells

Update on the responsibility to respect human rights and parent company liability: what the Court of Appeal’s judgment in Okpabi...

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In the last four months, the Court of Appeal has handed down judgment in two important cases relating to parent company liability and jurisdiction over extra-territorial human rights impacts. ...more

Hogan Lovells

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

Benesch

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

Benesch on

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more

Perkins Coie

Court Opinion on Liability for Re-Exports to Iran Spurs Practical Guidance for U.S. Exporters

Perkins Coie on

A recent federal appeals court decision addresses a familiar issue for many companies: When can a U.S. exporter be liable for a product that is re-exported to a sanctioned country, such as Iran? This update summarizes the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Severely Limits “Rogue Employee” Exception for Corporations in Securities Fraud Cases

In an issue of first impression, the Ninth Circuit Court of Appeals recently held that a rogue corporate officer’s fraudulent intent can be imputed to a corporation even where the defrauding officer acted against the...more

Mayer Brown

Kentucky Supreme Court Sets Forth Helpful Principles On Liability For Punitive Damages

Mayer Brown on

Cases in which an appellate court holds that a state’s standard for punitive liability was not satisfied even though there was sufficient evidence to support liability for the underlying causes of action are regrettably rare....more

Dickinson Wright

Franchise and Distribution News - July 2015

Dickinson Wright on

A VIEW FROM TWIN PEAKS - Quick. Define Twin Peaks. Other than the obviously now dated TV show, up until a couple of weeks ago, the only other definition of Twin Peaks was a restaurant chain that featured double entendre...more

Smith Anderson

Exculpatory Provisions Provide Powerful Protection for Independent Directors

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The Delaware Supreme Court recently issued an important decision clarifying the standards that govern claims for money damages against independent directors of corporations whose charters contain exculpatory provisions. ...more

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