The breach of fiduciary duty allegations stem from the fact that the Plan assets are invested in a tax deferred variable annuity.
FORBES: SEC Snoozed As "Shadow Marketers" Skimmed Billions From Retirement Plans
Liz McKean, one of the journalists who worked on the Savile story, said the decision to drop it was "a breach of our duty to the women who trusted us to reveal that Jimmy Savile was a paedophile".
Anybody can sue anybody else for negligence, or the breach of their duty not to cause somebody else harm.
FORBES: Don't Try This At Home: A Swiss Sled Run Would Send U.S. Lawyers Into Ecstasy
The brothers were, however, still under investigation and named in multiple lawsuits accusing them of negligence, breach of fiduciary duty and profiting from the scheme to the tune of millions.
Considering how far within Railtrack the failings went, Judge Bright said that although there were very serious failings by Jarvis, "overall responsibility for the breach of duty lay with Railtrack at senior management level and their failures were significant and extensive".
They would not be the first to assert that it is a breach of fiduciary duty to waste assets of the corporation on the parties, or over leveraging.
Insider-trading cases often revolve around the breach of a confidential duty between an employee and his company's shareholders.
Now, Lichtenstein is claiming this advice was wrong and that he would have prevailed in a breach of fiduciary duty lawsuit because the lenders to Extended Stay had insisted on a bankruptcy remote structure for the loans.
FORBES: David Lichtenstein Blames His Lawyers For His $100 Million Bad Boy Penalty
The judge in the Wilmington bankruptcy, Christopher Sontchi, said parishes that had suffered this fate had grounds to sue the diocese for breach of fiduciary duty.
Five former clients of CAIR filed the two lawsuits in federal court alleging common law and statutory fraud, breach of fiduciary duty, and intentional infliction of emotional distress against CAIR.
CENTERFORSECURITYPOLICY: Federal Lawsuit Exposes Massive CAIR Fraud and Cover-up
In short, the statute applied to any notional breach of fiduciary duty--whatever its boundary or legal source.
The alleged causes of actions include breach of fiduciary duty, unjust enrichment, unfair competition, excessive executive compensation and self-dealing transactions.
FORBES: California Sues 'Nonprofit Entrepreneur' Roger Chapin And Charity Forbes Exposed
The burden of proving that the funds would have earned less than that amount is on the fiduciaries found to be in breach of their duty.
FORBES: John Bierwirth's Grumman Takeover Defense Led To Pension Litigation
The prosecution centres on an alleged breach of Section 3(1) of the Health and Safety at Work Act 1974 which refers to the duty of employers to protect non employees from "risks to their health or safety".
The dismissal ends a legal drama that accused the financial markets' top cop of breach of fiduciary duty and negligent misrepresentation involving a Finra merger proxy.
On the state level, backdating could involve a breach of fiduciary duty, a waste of corporate assets and even a usurpation of a corporate opportunity.
"I consider that those circumstances gave rise to a breach of duty which on a balance of probabilities was causative of the claimant's accident, " she said.
High Court judge Mr Justice Field said in 2010 that risk assessments were inadequate but the game was reasonably safe and there was no breach of a duty of care.
It was originally dismissed in 2010 by a High Court judge who said risk assessments were inadequate but the game was reasonably safe and there was no breach of a duty of care.
It is not a breach of fiduciary duty to accept near-frictionless bitcoin instead of funneling 3% or more to the PayPal-credit card oligarchy.
FORBES: Wikipedia Accepts 'Enemies Of The Internet' Currencies
However, in one case the judges ordered a subsidiary, Shell Nigeria, to compensate a farmer for breach of duty of care by making it too easy for saboteurs to open an oil well head that leaked on to his land.
James Giddens says the former CEO, Jon Corzine, along with his executives may face legal claims for breach of fiduciary duty when they used customer money to fund a growing liquidity crisis.
FORBES: JPMorgan's Other Messy Problem: MF Global's Missing Money
应用推荐