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Breach of Duty › Causation › Damages

Winstead PC

Court Reversed Judgment Against A Financial Advisor Due To A Lack Of Evidence Of Damages

Winstead PC on

In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)....more

Jaburg Wilk

An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have...

Jaburg Wilk on

Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s...more

Searcy Denney Scarola Barnhart & Shipley

How to Win a Florida Wrongful Death Case

Searcy Denney Scarola Barnhart & Shipley on

Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate....more

Searcy Denney Scarola Barnhart & Shipley

The “Four D’s” of Medical Malpractice

Searcy Denney Scarola Barnhart & Shipley on

“Medical malpractice” occurs when patients are harmed by doctors or some other medical professionals who fail to competently perform their medical duties. Medical malpractice rules, such as those related to notifying the...more

Troutman Pepper Locke

Fiduciary Duty Of Disclosure Does Not Apply To Individual Transactions With Equityholders

Troutman Pepper Locke on

In Dohmen v. Goodman, the Delaware Supreme Court declined to impose an affirmative fiduciary duty of disclosure on a general partner arising out of the general partner’s solicitation of capital contributions from a limited...more

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