News & Analysis as of

Negligence › Breach of Contract › Duty of Care

Marshall Dennehey

Getting the Gist: The Evolution and Application of Pennsylvania’s Gist of the Action Doctrine in Legal Malpractice Actions

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Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more

Hogan Lovells

Proving causation of loss is key in professional negligence claims

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Duty, breach and damage are the three essential elements of a claim in contract or tort. Demonstrating breach of a duty is insufficient on its own to found liability. A claimant must demonstrate that the breach is the cause...more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Jackson Lewis P.C.

Payroll Company Not Liable Under Third Party Beneficiary Doctrine

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On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty...more

Haight Brown & Bonesteel LLP

Supreme Court Prevents Employees’ Tort and Contract Claims Against Employers’ Payroll Companies

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In Goonewardene v. ADP, LLC (S238941), the California Supreme Court has created new protections for payroll companies in lawsuits involving claims of labor violations. Although previous case law has held that employees with...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Announces a Win for Payroll Outsourcing Industry

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Last week, the California State Supreme Court struck a decisive victory in favor of payroll companies, issuing a unanimous opinion that an employee is not a third-party beneficiary of the contract between her employer and its...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds that Employee Cannot Bring Wage Claims Against Payroll Service Provider

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• The California Supreme Court recently held that an employee could not pursue contract and tort claims against a payroll service provider for unpaid wages. • The Court found that (1) an employee was not a “third-party...more

Payne & Fears

California Supreme Court Limits Liability for Payroll Service Providers

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On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...more

Smart & Biggar

Apotex granted damages from contract research organization for delayed FDA approval of two products

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On December 22, 2017, Patillo J. of the Ontario Super Court of Justice held that Apotex was entitled to $11,303,131.80, plus pre-judgment interest, for losses flowing from delays in the US Food and Drug Administration (FDA)’s...more

Carlton Fields

District Of South Carolina Denies Motion To Dismiss Action Involving Fronting Relationship

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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

Blake, Cassels & Graydon LLP

Litigation and Dispute Resolution in Canada

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This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Troutman Pepper

Employees Who Suffer Only Economic Losses From a Data Breach Cannot Sustain a Negligence Claim Against Their Employer

Troutman Pepper on

Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more

Cozen O'Connor

Vermont: There is No Cause of Action for Negligence in Adjusting a Property Loss

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Last week, the Vermont Supreme Court firmly rejected the notion that an insured can bring a cognizable claim for negligence against his or her carrier in connection with the inspection and handling of a first-party property...more

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