News & Analysis as of

Negligence › Breach of Duty › Duty of Care

DarrowEverett LLP

Fiduciary Duties and Remedies in Florida LLCs: What Members Need to Know

DarrowEverett LLP on

Disputes among members of a limited liability company (LLC) are inevitable. Unlike casual disagreements with friends or roommates, conflicts within an LLC can have legal and financial consequences. Recognizing this reality,...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

Charles E. Rounds, Jr. - Suffolk University... on

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Proskauer - Law and the Workplace

New York Clean Slate Act Takes Effect on November 16, 2024, With New Obligations for Employers Running Criminal Background Checks

Proskauer - Law and the Workplace on

On November 16, 2024, the New York Clean Slate Act (the “Act”) will take effect.  The Act provides for the automatic sealing of certain criminal convictions after a specified time period.  It will also require greater...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

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“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

Dorsey & Whitney LLP

The Importance of Full Disclosure

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Directors and officers of corporations owe a duty of care and a duty of loyalty to both the corporation and its shareholders, although the duty of care for directors can be exculpated. A breach of these fiduciary duties can...more

White & Case LLP

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

White & Case LLP on

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

Searcy Denney Scarola Barnhart & Shipley

How to Tell if You Have a Florida Personal Injury Claim

Searcy Denney Scarola Barnhart & Shipley on

Florida law gives people who have been injured in accidents the right to seek compensation from those responsible. It is not always easy, however, for injured individuals who do not have experience in this area of the law to...more

Carlton Fields

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

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

Baker Donelson

Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners

Baker Donelson on

On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner's claim for negligence against a subcontractor for improper plumbing installation in...more

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