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".
Anybody can sue anybody else for negligence, or the breach of their duty not to cause somebody else harm.
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The breach of fiduciary duty allegations stem from the fact that the Plan assets are invested in a tax deferred variable annuity.
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Insider-trading cases often revolve around the breach of a confidential duty between an employee and his company's shareholders.
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.
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".
Was that a breach of the presidential duty, or should that have been left to the Attorney General?
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.
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.
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.
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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.
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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.
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.
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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.
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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.
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.
"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.
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.
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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".
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.
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The sole FINRA Arbitrator hearing this matter found Respondent Wachovia liable on the claims of negligence, negligent supervision, fraud and breach of contract (no finding of liability on breach of fiduciary duty).
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Under the mitigation of damages doctrine, a party that suffers damages as a result of a breach of contract has a legal duty to mitigate those damages by taking reasonable action, wherever practicable, to avoid additional injury and minimize its loss.
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The statement from Mr Jefferies' lawyers added leaks by "as yet unidentified individuals" were in "flagrant breach of their duty".
C. and the American Freedom Law Center (AFLC) filed a devastating legal brief supported by hundreds of pages of evidence, asking a federal judge to find the Council on American-Islamic Relations (CAIR) liable to five of its former clients for fraud, breach of fiduciary duty, and intentional infliction of emotional distress.
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