exculpation


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52) The parental discipline privilege is the only remaining status-based exculpation for assault; others such as intimate partner violence and the beating of apprentices and students, have long been abolished.
Redefining parental rights: The case of corporal punishment
found routine waivers or exculpations of fiduciary duties, (39) which
How Do LLC Owners Contract Around Default Statutory Protections?
Utah has since shifted the other direction, and no longer allows for exculpation of officers.
FDIC v. Rippy: due care and the business judgment rule in the Fourth Circuit and the potential implications for the banking industry
Exculpation provisions merely eliminate the ability to obtain money damages for a breach--they do not eliminated the liability and they are certainly not an indication that those who invoke them did not engage in wrongdoing.
Financial advisor gets tagged for aiding and abetting a fiduciary breach
261) Thus, under a Schuldtheorie-infused Article 33(1)(c), the rationale for exculpation would not be that a defendant's conduct was culpable of its own right but excusable because he acted under orders; (262) rather, the rationale would be that a defendant unable to ascertain the wrongfulness of his conduct was never culpable to begin with.
Manifest illegality and the ICC superior orders defense: schuldtheorie mistake of law doctrine as an article 33(1)(c) panacea
Practitioners forming new Louisiana corporations should be aware that the LBCA does away with the concept of par value, contains a new mandatory provision on director exculpation, and makes changes to the current affidavit of acceptance of the corporate registered agent.
An introduction and practitioner's guide to the Louisiana Business Corporation Act
Exculpation charter provisions may not relieve the board from the duty of loyalty as they can with the duty of care.
The failure of corporate governance standards and antitrust compliance
Coverage encompasses institutions and processes, the justification of punishment, the elements of just punishment, rape, homicide, the significance of resulting harm, and exculpation, among other topics.
Criminal law and its processes; cases and materials, 9th ed
Similarly, directors are fully aware of exculpation charter provisions, which create decision rules that further limit their exposure to liability.
The role of aspiration in corporate fiduciary duties
Defendants frequently seek dismissal of the negligence claims and negligence-grounded breach of fiduciary duty based on the "business judgment rule" and state law exculpation provisions.
Bank errors: the FDIC is suing failed banks for alleged D&O--related liabilities
31(a)(2)(i) and (iv) of the Model Business Corporation Act (2002), which hold directors personally liable for violations of their oversight duties only if they did not act in good faith, were grossly negligent or committed such acts intentionally, and, second, by the option of including an exculpation provision in the articles of incorporation pursuant to section 2.
U.S. Corporation going European? The one-tier societas Europaea (SE) in Germany
In criminal trials, when mental incapacity is raised--whether for the purposes of exculpation, partial exculpation or for some other reason, such as to prevent a normal trial proceeding--it is often assumed to introduce distinctive and difficult issues of evidence and proof.
'In a kind of mad way': a historical perspective on evidence and proof of mental incapacity

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