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Counsel for the government, James Eadie, told the court that Grayling was "under no statutory or common law duty to consult".
Mr. Ridder violated both a state law against misappropriation of trade secrets, and "his common law duty of loyalty to The Pioneer Press," the judge wrote, adding, "plaintiffs have suffered irreparable harm".
Just this week a judgment was handed down in the high court confirming the point: "the police and the CPS do not generally in the interests of the whole community owe individual members of the public… a common law duty of care in undertaking and performing their operational duties of investigating, detecting, suppressing and prosecuting crime".
I stand to be corrected by more knowledgeable Guardian readers, but as far as I can see the police's power to close roads in the type of situation flamesnm describes doesn't derive from statute but is a function of the police's common law duty to protect life and property.
Giving judgment in the House of Lords in May 2009, Lord Hope said there was "no doubt that the secretary of state [Blunkett] failed deplorably in the public law duty that he must be taken to have accepted when he persuaded parliament to introduce indeterminate sentences for public protection".
The L'Aquila case concerned an alleged breach of a national law4 imposing a criminal law duty of care.
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The HSBC case seeks $10 billion based on the bank's alleged breach of common law duties for failing to monitor Mr. Madoff or make any effort to protect investors.
The trustee's claims against the owners of the New York Mets, Fred Wilpon and Irving Katz, would not be directly affected by Judge Rakoff's ruling because that case involves claims for fraudulent conveyances and not breach of any common law duties.
Mr. Hochman, who enjoys a comfortable six-figure income derived from corporate law duties for several manufacturers of salable "schlock" (artwork, picture frames, plastics), believes he possesses a social conscience (more housing, conservation, gun control) that belongs in Washington.
Among the players' arguments: Relevant collective bargaining agreements did not address long-term brain injuries, the N.F.L. committed fraud by concealing risks of repeated head trauma and the league has a common-law duty to protect players.
Though the players would have to show that their injuries were not sustained in college or high school, they deserve the chance to prove in court that there is a link between the violent professional game and head trauma, and that the injuries occurred because the N.F.L. breached a common-law duty to avoid this harm.
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