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Legal Articles: Bernstein Shur

 







Document(s) published by this organization: 69


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HTMLREAL ESTATE TIP - Confusing Precision with Accuracy
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
November 5, 2014, previously published on October 23, 2014
In a recent EPA case, Natural Resources Defense Council, v. United States Environmental Protection Agency, a federal circuit court found against the agency’s decision to allow a product’s registration because of a rounding error in numbers with five decimal place precision. Though the...

 

HTMLClient Victory: Maine Wildlife Conservation Council
Paul McDonald, Daniel J. Murphy; Bernstein Shur;
Legal Alert/Article
November 5, 2014, previously published on October 27, 2014
On November 4, election day, Mainers will be voting onQuestion 1, a citizen initiative that seeks to ban the use of bait, hounds or traps while hunting bears. Bernstein Shur’s client, Maine Wildlife Conservation Council, is engaged in the campaign to defeat Question 1.

 

HTMLA New Recipe for Growth? Supporting O’Maine Media Kitchen’s Kick-Starter Campaign!
James F. Keenan; Bernstein Shur;
Legal Alert/Article
November 5, 2014, previously published on October 24, 2014
Maine’s food and beverage industry is on the rise with our world-renowned restaurants leading the charge. Still, local and regional food and beverage producers face a daunting challenge when trying to grow their brands to a national scale. Perhaps local, affordable access to fresh and...

 

HTMLWyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
November 5, 2014, previously published on October 27, 2014
An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a residential construction project when the contractor failed to provide an alternative, lower damage value based upon diminution in value of the home during the trial. This case...

 

HTMLReal Estate Tip: ALTA 34-06 - The Endorsement That Saves The Day
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
October 22, 2014, previously published on October 7, 2014
Buyers and developers who are focused on negotiating terms of transactions, projecting future income and meeting deadlines, can often ignore real estate title issues until a defect in a title threatens to derail a closing. Timing is everything and defects have a way of surfacing when the closing...

 

HTMLReal Estate Tip - Resolving Ambiguities Between Landlords and Tenants
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Courts have many ways of deciding whether a lease means what the landlord says it means or what the tenant says it means. Here are three typical techniques and examples to help resolve ambiguities:

 

HTMLNew EEOC Enforcement Guidance Gives Broad Protection to Pregnant Employees
Kelsey Wilcox; Bernstein Shur;
Legal Alert/Article
September 19, 2014, previously published on September 9, 2014
The U.S. Equal Employment Opportunity Commission recently issued new Enforcement Guidance (the Guidance) on pregnancy discrimination in the work place, shedding light on how the EEOC interprets the federal Pregnancy Discrimination Act and the Americans with Disabilities Act as it applies to...

 

HTMLHow Well Do ‘One-Size-Fits-All’ Leases Really Fit?
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
Many Maine landlords use the Maine Commercial Association of Realtors Commercial Lease as their ‘one-size-fits-all’ lease form. The form covers most topics that most landlords and tenants want to address. Landlords and tenants are understandably reluctant to re-write substantial...

 

HTMLA Field of Dreams: Imagining a Solar System in The Back Forty
Trish French; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 19, 2014
In April 2014, the Maine legislature passed The Maine Solar Energy Act, finding that solar energy development in Maine would help protect and improve the well-being of its residents, as well as provide greenhouse gas reductions and economic benefits. According to the Interstate Renewable Energy...

 

HTMLMechanics Liens: Better Than Money Judgments
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In a recent Maine mechanics lien case, Cote Corporation v. Kelley Earthworks, the Maine Supreme Judicial Court upheld Cote Corporation’s mechanics lien judgment. In this case, Cote filed a mechanics lien against property owned by Kelley for the construction of an asphalt plant on...

 


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