News & Analysis as of

Duty of Care Appeals

Conyers

Lau Man Sang, James and Others v. King Bun Limited and Others BVIHCMAP2021/0034

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On 7 July 2023, the Eastern Caribbean Court of Appeal handed down judgment in BVIHCMAP 2021/0034 Lau Man Sang, James and Others v. King Bun Limited and Others. Conyers represented the successful Respondents before the Court...more

Harris Beach PLLC

California Holds Employers Have No Duty to Protect Employees’ Households from COVID-19

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The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

Haight Brown & Bonesteel LLP

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground...

On April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that...more

Haight Brown & Bonesteel LLP

Does a Company Have a General Duty to the Public for the Actions of Third Party Users of Its Products?

A California Appeals Court answered this question in the affirmative in certain circumstances, overturning a demurrer previously sustained by the Superior Court. The case involves Bird Rides, Inc., an electric motorized...more

Dechert LLP

Hygiène, sécurité et conditions de travail / Sélection de jurisprudence – France / Second semestre 2022

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Cette newsletter revient sur quatre décisions notables en matière d’hygiène, sécurité et conditions de travail : L'absence de formation à la sécurité ne constitue pas un manquement délibéré à une obligation particulière...more

Dechert LLP

Health, Safety and Working Conditions / Legislation and Case Law in France / Second Semester 2022

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This newsletter reviews four recent significant judicial decisions on health, safety and working conditions: Failure to provide safety training does not constitute a deliberate breach of a specific duty of care or safety...more

Obermayer Rebmann Maxwell & Hippel LLP

"Reasonableness.” What does this mean for commercial property owners?

“So, you’re telling me there is a chance” is the iconic line from the 1994 blockbuster movie “Dumb and Dumber” starring Jim Carey (as “Lloyd Christmas”) and Lauren Holly (as “Mary Swanson”). In the film, Lloyd is enamored...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeals) - August 29 - September 2, 2022

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The California Supreme Court issued the following decisions last week: Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more

Manatt, Phelps & Phillips, LLP

California Supreme Court to Consider Employer Liability for Worker’s Wife’s COVID-19

The U.S. Court of Appeals, Ninth Circuit, has certified two questions to the California Supreme Court about the liability of employers when an employee contracts COVID-19 at work and brings the virus home to a spouse. ...more

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

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In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

White & Case LLP

Court of Appeal: Banks’ Quincecare duty may apply to instructions from defrauded customers

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In Philipp v Barclays Bank UK PLC, the Court of Appeal held that the Quincecare duty may apply to direct customer instructions (not just those through an agent), such that banks may be liable for failing to protect against...more

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

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In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Fenwick & West LLP

Delaware Supreme Court Endorses a New Three-Part Demand Futility Test

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On September 23, 2021—in United Food and Commercial Workers v. Zuckerberg—the Delaware Supreme Court endorsed a new universal three-part demand futility test. The decision will likely have far-reaching consequences, including...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Morrison & Foerster LLP

The World Is Your Oyster? Supreme Court Confirms UK Jurisdictional Gateway For Parent Company Liability

On 12 February 2021, the Supreme Court handed down judgment in the high profile case of Okpabi v Shell, in which it allowed a jurisdictional appeal relating to group claims brought by claimants against a UK domiciled parent...more

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

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Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

White and Williams LLP

Update - Property Owner’s Defense Goes up in Smoke in Careless Smoking Case

Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. In Steamfitters Local Union No. 602 v. Erie Ins. Exch., 2020 Md. LEXIS 347 (July 27, 2020) (Steamfitters Local), a matter...more

Bass, Berry & Sims PLC

Chris Lazarini Outlines Considerations in Claims of Economic Loss Rule

Bass, Berry & Sims attorney Chris Lazarini outlined a case exploring the economic loss rule. The court found that a party suffering only an economic loss from the breach of an express or implied contractual duty may not...more

White & Case LLP

Court of Appeal confirms no liability for UK mining company in relation to human rights abuses in Sierra Leone

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The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more

Patton Sullivan Brodehl LLP

An LLC’s Attorney Represents the LLC’s Members Too, Right?

Not long ago, The LLC Jungle posted an article addressing the perils of attorney representation of an LLC with two equal “co-managing members.”  See Why Having “Co-Managers” for Your LLC is a Terrible Idea. This post...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

White & Case LLP

UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers

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In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach...more

Latham & Watkins LLP

UK Supreme Court Upholds First Successful Claim for Breach of Quincecare Duty

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In a leading case, the Court examined the extent of the duty of care that a bank owes to its customers when executing their orders. On 30 October 2019, the UK Supreme Court dismissed Daiwa’s appeal in the case of...more

Foley & Lardner LLP

INSIGHT: New Corporate Board Procedures Advisable to Satisfy Duty of Oversight

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In Marchand v. Barnhill, a unanimous Delaware Supreme Court imposed substantial new procedural expectations on corporate directors to satisfy their fiduciary duty of oversight related to material risk areas and legal...more

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