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Summary judgment, negligence, excessive winds, foreseeability, act of god, affirmative defense, standard of care, notice, breach, duty.
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...The FDIC shall review the notice and other materials submitted by the institution p... any law or regulation, or present a breach of fiduciary duty. (c) Notice period. (1) The peri...
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.... . until the bank receives written notice of the revocation of the authority." Further, "[... a transaction will be "on notice" of breach of fiduciary duty and therefore, subject to claims...
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... the broker is not the proper party to whom notice of breach or of rejection should be directed. Howeever, a broker receiving notice has a duty to promptly convey the notice to the proper party....
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... Mr Cook, it was argued (para 66) that such a duty was non-existent, reliance being placed on Searle ... MSHK; and that any omission to do so was a breach of the implied term of trust and confidence. . 9. ... weeks that it expected him to work out his notice, without intimating to him that disciplinary proce...
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... when the taker obtains the instrument with notice of another's claim to the instrument, notice will ...(1) Notice of a fiduciary breach concerning the instrument is notice of a claim, so... of the fiduciary's underlying breach of duty. (5) . Since 1990, William Potts worked for Jelmol...
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... Lake Shore's collapse, the receiver sent a notice to Lake Shore's creditors, including Andbanc, tell... estate and might be sued by them for breach of fiduciary duty. 28U.S.C. § 959; Federal Saving...
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This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
... courts reason, the defendant must owe some duty to provide honest services to some person who has ... to them and which the officers have notice that the directors would want.58 Without receipt o...
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...A duty to disclose or abstain does not arise from the mer... be "manipulation or deception" to bring a breach of fiduciary duty in connection with a securities ... third person, the third person, if he had notice of the violation of duty, holds upon a constructiv...
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.... . [and] (v) without notice of any claim [by another] to the instrument." Mass...(here, that Potts was violating his fiduciary duty) or knowledge of facts and circumstances that woul..., addressed specifically to "notice of breach of fiduciary duty," lays down a set of special rul...