These emerging theories of liability
should be factored into future business planning.
available theories of liability
, plaintiffs have been forced to cast a
108) In Rakes, the court reasoned that it will treat a claimant with several theories of liability
as having sufficient knowledge for all theories, even if that claimant only has sufficient knowledge for one.
According to the allegations in Plaintiffs' complaint, theories of liability
premised upon the supervision of the allegedly abusive clergy do not implicate the discretionary function exception to the Tortious Act exception because the terms of the supervision were not discretionary.
It includes analysis of all aspects of qui tam litigation including evaluating the merits of a potential action, determining whether the relator would be barred or restricted from any recovery for retaliation, determining whether there is a public disclosure, locating a favorable judiciary and an aggressive prosecutor, preventing and responding to litigation, evolving theories of liability
, parallel criminal actions, and policy issues regarding damages and the threshold for prosecution.
Yet, some observers believe there may be a growing trend in the courts allowing the expansion of 10b-5 theories of liability
, permitting claims under Rule 10b-5(a) and (c) against so-called secondary actor participants for their roles in alleged fraudulent schemes, notwithstanding the absence of any misrepresentation attributable to the secondary actor.
Depending on how a company is organized, the accounting department may have documents critical to the underlying theories of liability
, including service agreements and contracts, guarantees and warranties or other documents that relate to work performed (or not performed) by a potential adverse party.
It would apply without regard to whether the claim or cause of action arises under common law or statute, including any claim or cause of action based or sounding in tort, contract or any other theory or any combination of theories of liability
While early penalties for spoliation of evidence were mostly minor, courts today may hand out harsher sanctions, such as limiting or not allowing the introduction of evidence or presentation of witnesses and dismissing certain theories of liability
, such as negligent manufacture of the particular product versus a general design claim.
The courts soon extended the logic of the Baldwin principle to the realm of multiple theories of liability
Hayes said the publication is designed to cover e-commerce and technology legal developments in such areas as insurance disputes, privacy, contracts, domain name disputes, intellectual property, employment issues, theories of liability
, legislation and regulation, and jurisdiction.
These indexes do not measure "social" inflation, which encompasses changes in attitudes toward litigation, changes in jury attitudes, new theories of liability
and the push toward large settlements given by large punitive damage awards.