Disciplinary action requires more than one act of ordinary negligence
ideas of what constitutes ordinary negligence
, gross negligence, willful
19) the Supreme Court interpreted this language as only setting the floor for bank D&O liability, rather than categorically barring all ordinary negligence
247, 251 (2010), ordinary negligence
liability for any resulting harm would sufficiently counteract these incentives by imposing damages equal to resulting harm.
Her estate filed suit against Donald Bedell, the sole member of the governing body for LRHC, Heartland HC Services & Solutions and a myriad of others alleging claims for ordinary negligence
, medical malpractice, violation of the Residents' Rights Act (Act), and felony neglect.
Under the Financial Institutions Reform, Recovery and Enforcement Act of 1989, the federal statute governing FDIC claims, the FDIC must prove that directors or officers were grossly negligent, unless state law imposes liability based on a lower standard such as ordinary negligence
10) The court rejected both of these arguments, concluding that Congress intended that a person acting with ordinary negligence
be subject to criminal liability under the CWA, and that because the CWA is a public welfare statute, "it may subject a person to criminal liability for his or her ordinary negligence
without violating due process.
They are awarded only in situations where there is gross or aggravated negligence and not in ordinary negligence
, where compensatory damages constitute the usual remedy.
12) Before and after Pension Committee, courts across the nation have struggled to find a consistent and fair balance, repeatedly confronting questions like: Is the spoliation of evidence attributable to ordinary negligence
sufficient for the imposition of an adverse inference instruction or must there be proof of bad faith?
The plaintiff urged the trial court that since she was pursuing the claim as one for ordinary negligence
, as opposed to one for medical malpractice, she was not required to present expert medical testimony as would have been required, if she were pursuing the claim as one for medical malpractice.
But criminal prosecution of the Gulf oil spill may raise questions about the role of criminal enforcement under the environmental laws, including whether ordinary negligence
should result in criminal liability as well as what the proper normative relationship should be between culpable conduct and environmental harm.
The bill would only apply to injuries sustained by minors who were actively participating in a recreational sport sponsored or organized by nongovernmental, nonprofit organizations arising from ordinary negligence