News & Analysis as of

Duty of Care

Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

by Husch Blackwell LLP on

A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

Pennsylvania Court Finds That An Employer’s Take-Home Duty Can Extend To Girlfriends Of Former Employees

by Husch Blackwell LLP on

A Pennsylvania District Court recently denied a defendant’s motion for summary judgment of the issue of duty, finding that that an employer’s take home duty may in certain situations extend to the girlfriend of a former...more

Massachusetts High Court Provides Guidance on Responding to Suicidal Students

In Ngyuen v. Massachusetts Institute of Technology, SJC-12329 (May 7, 2018), the Massachusetts Supreme Judicial Court found that MIT was not liable to the estate of a former graduate student who had committed suicide moments...more

Massachusetts SJC Recognizes Limited Affirmative Duty of Universities to Take Suicide Prevention Measures for Known-Risk Students

by Mintz Levin on

On Monday, the Massachusetts Supreme Judicial Court issued a precedential decision in Nguyen v. Massachusetts Institute of Technology et al. (SJC-12329), which addresses the complicated issue of higher education institutions’...more

What Are The Elements Of A Negligence Claim After A Motor Vehicle Accident?

by The Brown Firm on

When a Car Accident occurs as a result of someone else's negligent driving, the injured party may have the legal right to file a Personal Injury Lawsuit against the at-fault driver. To win a negligence lawsuit case, the...more

Massachusetts Supreme Judicial Court Rules Universities May Have Limited Liability When a Student Commits Suicide

by White and Williams LLP on

In a closely watched case, the Massachusetts Supreme Judicial Court ruled on May 7, 2018 that, in certain limited circumstances universities, may be liable for failing to prevent a student’s suicide. The court nevertheless...more

SEC Proposes Clarification Regarding Fiduciary Duties Owed by Investment Advisers

by Cozen O'Connor on

In a series of three proposed regulations1 with requests for comments, the Securities and Exchange Commission (SEC) seeks to enhance and clarify the standards of conduct and duties owed by broker-dealers and investment...more

SEC Proposes New Interpretation of Fiduciary Duty

On April 18, 2018, the Securities and Exchange Commission (SEC) proposed a new interpretation (the “Proposed Interpretation”) of the fiduciary duties of investment advisers under the Investment Advisers Act of 1940, as...more

Publication of Code of Due Care for VAT

by Dentons on

The prevailing rule is that when a party to a transaction commits a fraud or abuses VAT regulations, the right of other businesses to deduct VAT cannot be challenged if they were unaware of the fraud or abuse and could not...more

SEC Releases Proposed Adviser Conduct Standard and Request for Comment on Enhancing Adviser Regulations

by Ropes & Gray LLP on

On April 18, 2018, the SEC issued a release (the “Release”), entitled, “Proposed Commission Interpretation Regarding Standard of Conduct for Investment Advisers” (the “Adviser Conduct Proposal”), along with a request for...more

Has the dust settled on OEM trademark infringement? China’s SPC reaffirms that OEM does not infringe on Chinese trademarks

by Hogan Lovells on

In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more

Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

by Husch Blackwell LLP on

A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

Theranos Charges Provide Perspective for Medical Device Companies, Biotechnology Companies, and Investors

by Knobbe Martens on

On March 14, 2018, the Securities and Exchange Commission (SEC) announced it filed charges against the founder and CEO of Theranos Inc., Elizabeth Holmes, and its former president, Ramesh Balwani....more

Rafferty v. Merck Expands Potential Liability for Drug Manufacturers in Massachusetts

by Wilson Elser on

On March 16, 2018, Massachusetts’s highest court , the Supreme Judicial Court, issued a ruling that we believe will increase the product liability risk exposure for pharmaceutical manufacturers in the state. In the case of...more

Accountancy Forum Newsletter - March 2018

by Reed Smith on

In this edition, we look at the new corporate criminal offences for failure to prevent the facilitation of tax evasion, recent court decisions and hot topics in the industry, such as the inquiry into the Paradise Papers....more

Energy Newsletter - March 2018

by King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES C.

by Field Law on

II. LIABILITY ISSUES - C. A tenant was found to be an “occupier” of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed a...more

No parent company duty of care for Niger Delta claims

by Allen & Overy LLP on

The Court of Appeal has ruled that the English courts do not have jurisdiction over claims by victims of oil leaks from pipelines in the Niger Delta. The judgment comes after the Lungowe & ors v Vedanta Resources Plc [2017]...more

Non-reliance/advisory clause protects bank in swap misselling claim

by Allen & Overy LLP on

The terms of an ISDA agreement in which the parties represented that they had relied on their own independent decisions to enter the transaction trumped provisions in an earlier set of terms of business which referred to the...more

No contractual duty to protect spread betters against themselves

by Allen & Overy LLP on

A spread betting company owed no contractual duty to protect a customer from his own gambling addiction or considered choices. “Very clear express words” would be required to give rise to a contractual duty to protect parties...more

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

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