Evidence, Breach of Duty

Does a party to litigation have a common law duty to preserve evidence in Florida?

Kennedys on 8/21/2023

“Spoliation is defined as ‘[t]he destruction, or significant and meaningful alteration of [evidence],’…or ‘the failure to preserve property for another’s use as evidence in pending’ or reasonably foreseeable litigation.”...more

Insights: The Delaware Edition - June 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 6/12/2023

In a case of first impression, the Court of Chancery held recently that officers, like directors, owe their companies a duty of oversight, although the scope of that will vary with their responsibilities. Two other Chancery...more

Practice Pointer: Reliance on Bankruptcy Court Appointed Examiner’s Report—Not so Fast

Nelson Mullins Riley & Scarborough LLP on 3/14/2023

You represent the unsecured creditors committee in a complex Chapter 11 case, where you have reason to believe that the debtor’s officers and directors have, and continue to, engage in self-dealing and are breaching their...more

Court Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man’s Rule Arising From Claim That He Failed To Change A...

Winstead PC on 1/17/2023

In Donnelly v. Donnelly, a widow sued her deceased husband’s son for failing to change the beneficiary designation on the husband’s IRA to name her. No. 14-21-00592-CV, 2022 Tex. App. LEXIS 7615 (Tex. App.—Houston October 13,...more

Georgia Malpractice Judgment Reversed Because Trial Court Improperly Allowed Jury to View Complaint With Dismissed Claims

Hinshaw & Culbertson - Lawyers for the... on 7/19/2021

A Georgia appellate court held that plaintiff's nearly $6 million damage award was improper because the trial court permitted the jury to view a copy of the complaint which included allegations and claims that had been...more

The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims

Winstead PC on 1/27/2020

Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more

Court Holds That The Cost To Create A Distributor List Was Sufficient Evidence of Damages for A Breach of Fiduciary Duty Claim

Winstead PC on 8/26/2019

In In re Amerisciences, a bankruptcy trustee sued a bankrupt company’s former officers for breach of fiduciary duty regarding the theft of trade secrets. No. 18-20394, 2019 U.S. App. LEXIS 20635 (5th Cir. July 11, 2019). ...more

US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

Bennett Jones LLP on 4/17/2018

On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary...more

Québec Court of Appeal Confirms Wide and Liberal Approach to Class Action Authorization

Bennett Jones LLP on 11/23/2017

On October 31, 2017, the Québec Court of Appeal released its decision in Asselin c. Desjardins Cabinet de services financiers inc., 2017 QCCA 1673. The Court of Appeal overturned the lower court’s decision refusing...more

Motions For Leave to Renew: The Requirement Often Overlooked

Farrell Fritz, P.C. on 7/13/2017

A motion for leave to renew must be based upon new evidence or a change in the law that would change the prior determination and must contain a reasonable justification for failure to present such facts on the prior motion....more

"Court of Chancery Provides Guidance on 'Credible Basis' Standard for Obtaining Books"

Skadden, Arps, Slate, Meagher & Flom LLP on 5/8/2017

The Delaware Supreme Court has held that strict adherence to the procedural requirements of Section 220 of the Delaware General Corporation Law “protects the right of the corporation to receive and consider a demand in proper...more

Court Reverses No-Evidence Summary Judgment On Fiduciary Duty Claim Because Motion Was Not Sufficiently Precise

Winstead PC on 11/11/2016

In Neurodiagnostic Tex, L.L.C. v. Pierce, the court reviewed a summary judgment entered regarding an employer’s breach of fiduciary duty claim. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 11754 (Tex. App.—Tyler October 31, 2016,...more

Court Reverses Judgment Dismissing Breach Of Fiduciary Duty Claim Because No-Evidence Summary Judgment Motion Was Not Sufficiently...

Winstead PC on 7/20/2016

In Tex v. Iom, a former employer sued a former employee based on a covenant not to compete and breach of fiduciary duty and sued the new employer for tortious interference. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 7317 (Tex....more

Appellate Court Notes

Pullman & Comley, LLC on 9/28/2015

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

Saul Ewing Arnstein & Lehr LLP on 1/31/2014

Following a broadening trend, the U.S. District Court for the Southern District of California recently held that a party is subject to sanctions – including an adverse inference instruction at trial – for negligently failing...more

Evidence › Breach of Duty

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