News & Analysis as of

Duty of Care

Pessin Katz Law, P.A.

Best Practices for Healthcare Facilities in Preventing Workplace Violence and Liability

by Pessin Katz Law, P.A. on

In recent years, workplace violence has reached alarming numbers. More than 2 million Americans report being victims of violence in the workplace each year. For healthcare workers and facilities, these numbers are even...more

White & Case LLP

Strike-it unlucky: negligence liability for damage affecting services

by White & Case LLP on

It is all-too-common for a contractor or a subcontractor, whilst excavating, to strike an underground service such as a power cable or a water pipe. The consequences of this happening can be serious, and may affect a number...more

Butler Snow LLP

There’s no legal duty in Tennessee to facilitate service of process or even give contemporaneous notice of defective service...

by Butler Snow LLP on

Old dogs can learn new tricks and maturing lawyers can learn something new in the law. In Koczera v. Steele, Case No. E2017-02056-COA-R3-CV, on August 20, 2018, the Tennessee Court of Appeals held that litigants...more

Bennett Jones LLP

Ontario Court of Appeal Affirms Limits on Auditor Liability

by Bennett Jones LLP on

On September 5, 2018, the Court of Appeal for Ontario released its decision in Lavender v Miller Bernstein LLP,1 overturning a summary judgment ruling that imposed significant liability on an auditor in previously...more

Blake, Cassels & Graydon LLP

Lavender Haze Lifts: Court of Appeal Clarifies Auditor’s Duty of Care

On September 5, 2018, in Lavender v. Miller Bernstein LLP (Lavender), the Court of Appeal for Ontario (Court of Appeal) overturned a lower court decision that an auditor had a duty of care to its client’s clients. In doing...more

Lane Powell PC

Ninth Circuit Rules Vessel Owner-Passenger Has No Duty to Keep Lookout, Adopts Eleventh Circuit’s Standard

by Lane Powell PC on

In an August 10 opinion, the Ninth Circuit Court of Appeals held that a boat owner who is a passenger on his boat has no duty to keep a lookout unless the owner-passenger knows that the person operating the vessel is likely...more

Vedder Price

Investment Services Regulatory Update - August 2018

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS – OCIE Publishes Risk Alert on Compliance Issues Relating to Best Execution – On July 11, 2018, the Office of Compliance Inspections and...more

Hogan Lovells

Corporate Insurance Newsletter – July 2018

by Hogan Lovells on

The Hogan Lovells’ Corporate Insurance Newsletter for July has been published. This provides a round-up of UK, EU and international regulatory developments relevant to UK based insurance market participants. Please see...more

Dechert LLP

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

UK government publishes Brexit white papers - The UK government has published two white papers, one on the future relationship between the UK and the EU and the other on legislating for the withdrawal agreement between the...more

Hogan Lovells

When is a parent company liable in tort for acts of its subsidiary? AAA and Others v Unilever PLC and Another [2018] EWCA Civ 1532

by Hogan Lovells on

On 4 July 2018, the Court of Appeal in the UK handed down its judgment in AAA and Others v Unilever PLC and Another [2018] EWCA Civ 1532, in which the claimants sued Unilever PLC (Unilever) in tort for acts of its subsidiary...more

Dentons

Playboy got played: Supreme Court confirms the limits of Hedley Byrne

by Dentons on

The Supreme Court’s recent judgment in Banca Nazionale del Lavoro SPA v. Playboy Club London Limited revisited the landmark judgment in Hedley Byrne v. Heller . The Court’s judgment related to a party’s voluntary assumption...more

Shearman & Sterling LLP

UK Conduct Authority Contemplates Introducing a New Duty of Care

by Shearman & Sterling LLP on

The Financial Conduct Authority has published its Approach to Consumers alongside a discussion paper on the potential introduction of a new duty of care and possible alternative approaches. The Approach to Consumers forms...more

Husch Blackwell LLP

Delaware Supreme Court Holds That Both Manufacturers And Employers Can Be Liable For Take-Home Exposure

by Husch Blackwell LLP on

In Ramsey v. Georgia Southern University Advanced Development Center, et al., C.A. No. N14C-01-287 ASB, Delaware’s Supreme Court reversed the decision of the Superior Court granting summary judgment to manufacturers of...more

Husch Blackwell LLP

Arizona Affirms That Employers Owe No Duty Of Care To Nonemployees

by Husch Blackwell LLP on

In its recent decision, the Arizona Supreme Court affirmed the trial court’s grant of summary judgment for defendant Reynolds Metal Company (“Reynolds”), holding that under the State’s laws an employer owed no duty of care to...more

Field Law

Defence + Indemnity: June 2018 - Liability Issues: Case Summary: Rankin (Rankin’s Garage & Sales) v. J.J.

by Field Law on

LIABILITY ISSUES - A garage was found not liable for injuries caused by the thief of one of its vehicles because the fact that it was reasonably foreseeable that vehicles might be stolen from its premises does not make it...more

White & Case LLP

2018 Summer review - M&A legal and market developments

by White & Case LLP on

We set out in the attached 2018 Summer Review Newsletter a number of interesting English and Scottish court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at...more

White & Case LLP

Parent Company Liability: No arguable basis to impose a duty of care on UK parent company

by White & Case LLP on

In a decision of interest for UK-domiciled multinational companies, the Court of Appeal confirmed that a UK parent company does not generally owe a duty of care to third parties who may have been affected by the operations of...more

Hogan Lovells

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

by 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

Proskauer Rose LLP

Three Point Shot - June 2018

by Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

Mayer Brown Free Writings + Perspectives

Components of Regulation Best Interest

On April 18, 2018, the Securities and Exchange Commission (SEC) introduced a package of proposals aimed at enhancing the quality and transparency of investors’ relationships with investment advisers and broker-dealers. The...more

Haight Brown & Bonesteel LLP

Along Came a Spider and Sat Down Beside Her – Court Rules Mission Inn Owed Duty to Plaintiff for Black Widow Bite

In Coyle v. Historic Mission Inn Corp., (Cal. Ct. App., June 15, 2018, No. E066265), Michele Coyle brought a premises liability action against the Historic Mission Inn Corporation (“Mission Inn”) for injuries she sustained as...more

Husch Blackwell LLP

“Take-Home More Than Seashells”: Rhode Island Court Rules That Employer Owes Duty Of Care To Protect Third-Party Non-Employees

by Husch Blackwell LLP on

The State of Rhode Island and Providence Plantations—contemporarily nicknamed “the Ocean State” is known for famous clear-broth Quahog clam chowder, The Breakers Mansion, the International Tennis Hall of Fame, and its...more

Field Law

Defence + Indemnity: April 2018 - II. Liability Issues C.

by Field Law on

II. LIABILITY ISSUES - C. A tenant of a shopping centre may be an “occupier” of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same, but it is not...more

Jones, Skelton & Hochuli, P.L.C.

Appellate Tip: Preserve “No-Duty” Arguments in Negligence Cases with Pretrial and Post-Trial Motions

In Quiroz v. ALCOA, Inc. (May 11, 2018), the Arizona Supreme Court recently clarified the “duty” element of a negligence claim and reaffirmed prior decisions holding that: (1) the plaintiff must prove the duty element in...more

Field Law

Insurance Alert: What is the Duty of Care owed by Bailee of a Vehicle to Innocent Third Parties on the Road?

by Field Law on

Does a garage owner owe a duty of care to a third party who comes onto the businesses private property, steals a vehicle and is injured in a subsequent motor vehicle accident? The Supreme Court of Canada has ruled that “a...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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