News & Analysis as of

Duty of Care

English Court of Appeal Rejects UK Parent Company Duty of Care to Those Affected by Pipeline Operations of Nigerian Subsidiary

by King & Spalding on

In a decision likely to give comfort to parent energy companies, the English Court of Appeal has confirmed (by a majority of 2:1) that the parent company of the Shell Group owed no duty of care to approximately 42,500...more

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

by Hogan Lovells on

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

Employment Alert - February 2018

by Dentons on

Harassment and suffering at work - Through recent case law, the French Supreme Court recalled to employers their obligations in a situation of harassment or sufferance....more

No Unlimited Duty of Care Without Personal Injury or Property Damage

by Low, Ball & Lynch on

Southern California Gas Company, Petitioner, v. The Superior Court of Los Angeles County - Respondent; First American Wholesale Lending Corporation, et al., Real Parties in Interest 18 Cal.App.5th 581 - Court of Appeal...more

Apotex granted damages from contract research organization for delayed FDA approval of two products

by Smart & Biggar on

On December 22, 2017, Patillo J. of the Ontario Super Court of Justice held that Apotex was entitled to $11,303,131.80, plus pre-judgment interest, for losses flowing from delays in the US Food and Drug Administration (FDA)’s...more

Key Highlights of the 2017 Singapore Employment Landscape

by Morgan Lewis on

In 2017 several key pro-employee developments were introduced in Singapore, including mandatory retrenchment notifications and increased oversight and scrutiny of retrenchment exercises by the Ministry of Manpower, and the...more

2017 Half-year in review - M&A legal and market developments

by White & Case LLP on

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

No Privity, No Problem: Louisiana Court Of Appeals Holds That Project Manager Owes A Duty Of Professional Care To General...

by Pepper Hamilton LLP on

Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to...more

SCC Affirms Duty of Care but Reduces Auditor’s Damages in Livent Decision

On December 20, 2017, the Supreme Court of Canada (SCC) released its long-awaited decision in Deloitte & Touche v. Livent Inc. (Receiver of) (Livent), which addressed the issue of the auditor’s liability for failing to detect...more

Bank notified of a freezing injunction does not owe a duty of care to applicant

by Hogan Lovells on

The Hong Kong Court has confirmed that a bank notified of a freezing injunction does not owe a duty of care to the party in whose favour the injunction is granted. ...more

Activists at the Gate: Court of Chancery Weighs In on Claims Involving Activist Stockholders

Several recent decisions applying Delaware law offer helpful insight about the impact that activist investor involvement has on board decision-making leading to a transaction and how those decisions will be reviewed by the...more

Parent company may owe a duty of care to employees of African subsidiary

by Hogan Lovells on

This case is the latest in a line of cases before the English courts about parent company liability, specifically the duty of care owed for activities of their subsidiaries. ...more

Requirements for Participation Guidance for LTC Surveyors Published

by Baker Ober Health Law on

The State Operations Manual Guidance for Long Term Care Surveyors (Appendix PP), effective November 28, 2017, has undergone substantial revision. As a result of regulatory changes, the F-tags for surveys have been renumbered....more

CA Supreme Court Limits Duty Owed to Visitors Using Offsite Parking Lots

by Selman Breitman LLP on

Businesses and other property owners owe a duty of care to individuals they invite onto their premises. If someone gets hurt on property that you own or control, you may be responsible for the injuries sustained. You...more

Is There Automatic Civil Liability For A Data Breach?

by Fisher Phillips on

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

California Supreme Court Finds that Landowner has no Duty to Assist Visitors to Safely Cross a Public Street

Woodland Hills car accident lawyer Barry P. Goldberg closely monitors the California Court of Appeal and Supreme Court decisions on all aspects of personal injury, tort and insurance-related matters in order to provide...more

UK parent company liability to parties affected by operations of a UK or foreign subsidiary

by Allen & Overy LLP on

The Court of Appeal confirmed that a UK parent company’s duty of care may, in certain circumstances, extend to employees of a subsidiary and it was arguable that such a duty could also be owed to third parties affected by a...more

Legal Perspective on the Health, Safety & Security Responsibilities for US Mobile Workforce

by Fisher Phillips on

Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending...more

When Being a Good Neighbor Can Expose You to Liability

by Ruder Ware on

In Wisconsin, we have a strong tradition of landowners opening up their land to snowmobile clubs, hunters, trappers, cross-country skiers, and other members of the public. While giving visitors the chance to enjoy the...more

The 2017 AIA Changes that Matter to Owners

Last time, we discussed how some of the 2017 revisions to the American Institute of Architects (AIA) form design and construction contracts benefit general contractors. Such revisions added clarity to provisions concerning...more

Federal District Court: Banks Do Not Owe a Duty of Care to Non-Customers Under Tennessee Law

by Burr & Forman on

In Belle Meade Title & Escrow Corp. v. Fifth Third Bank, et al., No. 3:17-cv-874, ECF No. 26, — WL —- (M.D. Tenn. Oct. 17, 2017), a federal district court granted Regions Bank’s motion to dismiss the claims against it,...more

District Of South Carolina Denies Motion To Dismiss Action Involving Fronting Relationship

by Carlton Fields on

Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence and negligent misrepresentation...more

Torts – Primary Assumption of Risk – Hot Air Ballooning

by Low, Ball & Lynch on

Erika Grotheer v. Escape Adventures, Inc., et al. - Court of Appeal, Fourth Appellate District, 14 Cal.App.5th 1283 (August 31, 2017) - Plaintiff Erika Grotheer (hereafter “Plaintiff”) was injured when her hot air...more

Construction Contracts, Third Party Claims and Tort Law Liability

by Faegre Baker Daniels on

What tort obligations does a design professional on a construction project owe to non-parties — like, for example, the persons who will use what has been designed after it is built? Tort law involves the idea of a duty of...more

Contractor Assumes Non-Delegable Duty of Care for Safety of All Project Employees Through Standard Form Contract - Construction...

The construction industry’s use of standard form contracts (such as the AIA family of documents) is widespread and provides parties with consistent terms that govern their respective project obligations and the allocation of...more

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