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5 Oct 2017, 5:57 pm
The insurance available under a D&O insurance policy does not protect insured individuals for all of their activities; rather, the policy protects the individuals only for their actions undertaken in their capacities as officer or directors of the insured organization. [read post]
6 Feb 2018, 8:30 am
Thus, all three lawsuits are not "official capacity" lawsuits: each has been improperly pleaded from the day they were first filed. [read post]
5 Mar 2013, 12:05 am
” The policies are not intended to not protect them for actions they undertake in a capacity other than as a director or officer of the organization. [read post]
8 Feb 2018, 12:04 pm
However, the distinction between official and individual capacity suits is well-settled. [read post]
5 Dec 2018, 4:28 pm
One of the basic requirements in order for coverage to be triggered under a directors’ and officers’ liability insurance policy is that the misconduct alleged must have been undertaken by insured individuals in an “insured capacity” – that is, in their capacities as directors or officers of the insured entity. [read post]
21 Nov 2010, 11:42 pm
Discussion Questions of insured capacity are not infrequent in litigation involved senior corporate officials, particularly where the individuals involved wear multiple hats. [read post]
7 Feb 2018, 8:26 am
The parties' position fundamentally misunderstands how our constitutional structure applies to federal officers in their official capacity, as opposed to federal officers in their individual or personal capacity. [read post]
2 Jul 2014, 7:23 am
A corrections officer who was arrested and prosecuted after an inmate falsely accused him of assault could pursue claims of false arrest, malicious prosecution, and intentional infliction of emotional distress against three corrections department officials in their individual capacity, ruled the Court of Appeals for the District of Columbia Circuit. [read post]
9 Aug 2011, 8:55 am
Weth then filed an Amended Complaint against O’Leary in his official and individual capacity. [read post]
5 Mar 2008, 12:45 pm
When York County Jail inmate Holmstedt sued the county and various officers for civil rights violations under 42 USC Section 1983 he did not identify whether he was suing them as individuals or as officials of the County. [read post]
23 Jan 2023, 11:31 pm
Department of Education, and Secretary of Education Miguel Cardona, ruling that: (1) individual defendants are not agencies subject to FOIA requests “whether named in an official capacity or not”; and (2) neither EOP, as a whole, nor the White House Office’s Domestic Policy Council are agencies to which a FOIA request may be directed.Summaries of all published opinions issued since April 2015 are available here. [read post]
29 Jun 2015, 6:06 pm
In this case, the court did not find that coverage was precluded because the two individuals were acting in a dual capacity; rather, the court’s ruling turned on its conclusion that all of the misconduct alleged “arose out of” the two individuals’ uninsured capacity as trustees of the Trust, and not out of their insured capacity as directors and officers of TLC. [read post]
5 Sep 2015, 8:57 am
Yet here, the court appears to punish the individual, asserting religious conviction, for failing to perform, in her official capacity, a duty that strikes at what she claims to be, and we must accept as, core religious beliefs. [read post]
30 Jan 2020, 5:00 am
My previous analysis examined the first instance of turnover on the president’s “A Team,” and includes 65 individuals in key White House offices e.g., Legislative Affairs, White House Counsel, as well as the Office of Management and Budget, the National Security Council (NSC) and smaller entities. [read post]
25 Sep 2014, 6:00 am
This, courts reason, provides the essential link between the challenged conduct and the official capacity needed to meet the "by reason of" language that virtually all Delaware corporations have in their bylaws.The advancement rights that are likely available may be limited to officers and directors, as opposed to employees. [read post]
14 Mar 2024, 7:47 am
In this case, the complainant sought to add a former employer as a respondent in his individual, personal capacity, to her sex discrimination complaint. [read post]
13 Aug 2012, 8:14 am
Businesses sponsoring employee benefit plans and officers, directors, employees and others acting as fiduciaries with respect to these employee benefit plans should take steps to confirm that all of the appropriate fiduciary bonds required by the Employee Retirement Income Security Act of 1974, as amended (ERISA) are in place, that all employee benefit plans sponsored are appropriately covered, and that all individuals serving in key positions… [read post]
21 Mar 2017, 12:57 pm
Once Nominated, Official Is No Longer Eligible To Serve In Acting Capacity The Court ruled that once a person has been nominated for a vacant PAS office, he or she may not perform the duties of that office in an acting capacity. [read post]
7 Nov 2016, 2:33 pm
And that concern, he emphasized, holds true for all three categories of potential acting officials. [read post]
5 Apr 2011, 10:47 am
"I look forward to collaborating even more closely with all of my partners and colleagues in the Washington, D.C., office and globally. [read post]
