Failure To Diversify Is Insufficient To Impose Liability, 4th Circuit Says

RICHMOND, Va. – A federal district court erred in holding that pension plan trustees were liable under the Employee Retirement Income Security Act for losses to the plan based on findings that the trustees breached their fiduciary duties to investigate and diversify because the district court did not find that the failure to investigate or [...]

U.S. Supreme Court Won’t Review Liability Expansion In False Claim/Kickbacks Case

WASHINGTON, D.C. – The U.S. Supreme Court said Dec. 5 that it will not review a federal appeals court ruling that found that an orthopedic device company could be sued for false claims and kickbacks based on certification by health care providers that they comply with federal regulations (Blackstone Medical, Inc. v. United States of [...]

Analysis: US court tests liability of healthcare execs – Reuters

Thomson Reuters News & Insight Analysis: US court tests liability of healthcare execsReuters(Reuters) – After decades in relative obscurity, a US legal doctrine that holds corporate officers liable for company wrongdoing is finding its way back into some high-profile healthcare prosecutions. …Rarely-used doctrine returns to haunt health-care execsThomson Reuters News & InsightAnalysis: US court tests [...]

Analysis: Court tests liability of healthcare executives – Reuters

Thomson Reuters News & Insight Analysis: Court tests liability of healthcare executivesReuters(Reuters) – After decades in relative obscurity, a legal doctrine that holds corporate officers liable for company wrongdoing is finding its way back into some high-profile healthcare prosecutions. …Rarely-used doctrine returns to haunt health-care execsThomson Reuters News & Insightall 11 news articles » View full [...]

No Strict Liability for Resellers of Personal Data, Court Finds

Resellers of personal information gleaned from a driver’s records cannot be held strictly liable for misuse of that information by purchasers under the Driver’s Privacy Protection Act of 1994, the 2nd Circuit has ruled in a case of first impression. View full post on Law.com – Newswire

Texas Based Product Liability Law Firm Accepting Salmonella Tainted Peanut … – PR Web (press release)

PR Web (press release) Texas Based Product Liability Law Firm Accepting Salmonella Tainted Peanut …PR Web (press release)In the wake of recent peanut butter recalls, The Carlson Law Firm relies on previous product liability experience, announcing acceptance of Salmonella contaminated peanut butter cases. Late last week, JM Smucker Co. announced a voluntary recall of its [...]

Judge: Professional Liability Coverage Barred By Policy’s Prior Knowledge Provision

JACKSONVILLE, Fla. – An attorney is an insured who, prior to the inception date of a lawyers professional liability insurance policy, knew of a potential legal malpractice claim, a Florida federal judge ruled Nov. 10, finding that the policy’s prior knowledge provision precludes coverage (Axis Insurance Company v. Farah & Farah P.A., et al., No. [...]

Phobos-Grunt: a legal analysis of potential liability and options for mitigation – The Space Review

The Space Review Phobos-Grunt: a legal analysis of potential liability and options for mitigationThe Space ReviewThis essay will briefly address some of the legal issues and the potential for mitigating the impact the spacecraft may have when it reenters. The reentry of Phobos-Grunt, like the reentry of UARS and ROSAT, presents the potential to cause [...]

Penn State’s legal liability is serious, analysts say | Philadelphia Inquirer … – Philadelphia Inquirer

Globe and Mail Penn State's legal liability is serious, analysts say | Philadelphia Inquirer …Philadelphia InquirerParticularly troubling for the university, at least from a legal liability standpoint, is that the broad parameters of a civil case already are being vividly laid out by state Attorney General Linda Kelly. She has charged athletic director Tim Curley [...]

Judge Denies Wal-Mart’s Motion To Dismiss Professional Liability Insurer’s Suit

EAST ST. LOUIS, Ill. – An Illinois federal judge on Nov. 3 denied Wal-Mart Stores Inc.’s motion to dismiss a professional liability insurer’s declaratory judgment action stemming from a wrongful death lawsuit, finding that the threshold requirements of Federal Rule of Civil Procedure 19(a) have not been satisfied (First Professionals Insurance Company Inc. v. Oscar [...]

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