News & Analysis as of

Gross Negligence

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

Liability, Damages, and Negligence: What Victims Need to Know About North Carolina Trucking Accidents

by Ward and Smith, P.A. on

Commercial trucking is essential to the North Carolina economy. According to one source, over 70% of all freight tonnage in the United States is moved on trucks, and there are 3.6 million heavy-duty commercial trucks on the...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

CIT Finds Shoe Importer Was “Grossly Negligent” In Classifying Products

by Fox Rothschild LLP on

In recent decision, the Court of International Trade entered a $1.6 million award against shoe importer, Sterling Footwear, Inc. (“Sterling”), for what it found to be grossly negligent product misclassification. Granting the...more

Industrial Manslaughter – Up to 20 Years Imprisonment and Maximum AUD10 Million Fine for Corporate Offenders

by K&L Gates LLP on

On Thursday 12 October 2017, the Queensland Parliament introduced legislation creating the criminal offence of 'Industrial Manslaughter' despite strong opposition from business and industry groups and concerns about the...more

Torts – Court Finds Plaintiff Assumed the Risk of Injury by Participating in Horseback Endurance Event

by Low, Ball & Lynch on

Kathleen S. Swigart v. Carl Bruno - Court of Appeal, Fourth Appellate District 8 Cal.App.5th, 529 (June 22, 2017) - The California Court of Appeals held that those who choose to engage in an inherently risky activity,...more

Cleo Daily, et al., v. City of Phoenix, et al.

Jones, Skelton & Hochuli Attorneys John Masterson and Justin Ackerman obtained a summary judgment on behalf of their client in a case involving a police shooting. On April 20, 2013, a man living in the complex, later...more

Delaware Court Of Chancery Finds Demand Futility Where Plaintiff Adequately Alleged That Board's Approval Of Challenged...

by Shearman & Sterling LLP on

On August 1, 2017, Vice Chancellor Tamika Montgomery-Reeves of the Delaware Court of Chancery denied a motion to dismiss a stockholder complaint asserting claims for breach of fiduciary duty against directors and executives...more

New Assumption of Risk Application Bars Gross Negligence Claim

by Selman Breitman LLP on

In a published opinion on June 22, 2017, the California Court of Appeal, Fourth District, in Swigart v. Bruno, 2017 WL 2686536, affirmed the judgment entered in favor of the firm's client after a summary judgment ruling...more

Strengthening the Georgia Business Judgment Rule

by Alston & Bird on

Yesterday, May 9, 2017, Governor Nathan Deal signed HB 192 into law, amending the Georgia Business Corporation Code and corresponding provisions in the Financial Institutions Code of Georgia. HB 192...more

Chris Lazarini Analyzes Enforcement of Exculpatory Clauses

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed the court's enforcement of an exculpatory clause in the context of a Trading Advisory Agreement. Where parties elect to include exculpatory clauses in their contracts, such...more

Georgia House Bill 192 – Codifying and Clarifying the Business Judgment Rule in Georgia

by King & Spalding on

Georgia Legislature Acts to Nullify Georgia Supreme Court’s Decision in FDIC v. Loudermilk - After passing both the Georgia House of Representatives and the Georgia Senate, House Bill 192 is awaiting the signature of the...more

Analysis of FDIC v. Loudermilk Decision

by Bryan Cave on

The FDIC’s lawsuit against former directors and officers of the failed Buckhead Community Bank, one of the most closely watched Georgia corporate governance cases in years, went to trial in October, 2016. The jury returned a...more

Should Failing to Issue a Litigation Hold Be Considered Intent to Deprive?: eDiscovery Best Practices

by CloudNine on

A lot has been discussed about the most recent changes to the Federal Rules, especially with regard to Rule 37(e) and the requirement of the intent to deprive standard to apply more serious sanctions. But, what activities...more

Spoliation of Truck Evidence Precludes Plaintiffs’ Use of That Evidence “As a Sword”: eDiscovery Case Law

by CloudNine on

In Below v. Yokohama Tire Corp., No. 15-cv-529 (W.D. Wisc. Feb. 27, 2017), Wisconsin District Judge William M. Conley, deciding on several pre-trial motions, granted (to an extent) the defendants’ motion for relief due to...more

Kentucky Federal Court Orders Further Briefing On Whether The Federal Arbitration Act Or Kentucky Law Applies In Dispute Involving...

by Carlton Fields on

The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative (“KYHC”), filed suit in Kentucky state court against CGI Technologies and...more

Can Gross Negligence Constitute Gross Misconduct?

by Faegre Baker Daniels on

The Court of Appeal (CA) in Adesokan v Sainsbury's Supermarkets Ltd [2017] EWCA Civ 22 considered whether an employee’s failure to act constituted gross misconduct. Mr Adesokan, a long-serving regional manager at a...more

Employment Matters – UK - February 2017

New Cases Highlighting When "Gig Economy" Workers Are Entitled to Employment Rights - The "gig economy" is characterised by work performed on a short-term/temporary basis, in contrast to more traditional long-term roles....more

U.S. District Court Finds U.S. Coast Guard’s National Pollution Funds Center Acted Arbitrarily and Capriciously When Denying Oil...

by Blank Rome LLP on

Action Item: In December 2016, the U.S. District Court for the District of Columbia found that the U.S. Coast Guard’s National Pollution Funds Center (“NPFC”) wrongfully denied a reimbursement claim by the Water Quality...more

Delaware Chancery Court Throws Out Claims Over $10 Million Severance Payment to CEO

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Delaware Chancery Court judge last week dismissed a derivative complaint seeking to recover a $10 million severance payment made to a corporation’s former CEO because he found that plaintiff shareholder...more

District Court Reviews Definition of “Gross Negligence” in Oil Pollution Act Reimbursement Action

On December 22, the U.S. District Court for the District of Columbia issued an opinion in Water Quality Insurance Syndicate v. U.S., which reversed the Coast Guard’s National Pollution Funds Center’s (NPFC) finding of gross...more

Arbitration in Louisiana – Another Budding Romance?

by Gray Reed & McGraw on

Are Louisiana courts as enamored with arbitration as their Texas counterparts? Looks like it. East of the Sabine, submitting your dispute to arbitration means you are pretty much saying adieu, farewell and bye-bye to...more

Virginia Supreme Court Considers Evidence Necessary to Get Gross Negligence Case to a Jury

by Sands Anderson PC on

Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter. The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was...more

Change in How SC Supreme Court Views Conspiracy Claims May be Coming

by McNair Law Firm, P.A. on

As our various courts decide cases, we watch to see if there are any trends that seem to be developing or whether a case signals that the courts are beginning to change how they view a particular issue or type of case. We've...more

Torts – Assumption of the Risk – Waiver of Liability

by Low, Ball & Lynch on

Kirk Anderson v. Fitness International, LLC - Court of Appeal, Second District (October 27, 2016) - The general rule in California is that all persons are responsible “for an injury occasioned to another by his or...more

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