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HTMLUK: Scottish Appeal Court Upholds Judge¿s Decision to Permit a Time-Barred Claim to Proceed
Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 6, 2014
In Betty Sophia Smith Ferguson and others v J & A Lawson (Joiners) Limited [2014] CSIH 82, Lady Paton of the Court of Session Inner House dismissed an appeal from the defendants, who argued that the Lord Ordinary had erred in law at first instance. The judge had permitted a time-barred claim to...

 

HTMLUK: Commercial Court Awards Declaratory Relief and Specific Performance Order to Insurers
Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on October 27, 2014
Following the Supreme Court’s determination as to jurisdiction and the Court of Appeal’s ruling on the substantive issues, the case of Starlight Shipping v Allianz Marine ([2014] EWHC 3068 (Comm)) returned to the Commercial Court for two further issues to be decided.

 

HTMLMassachusetts Federal Court Rules That Insurer’s Decision To Commence Rescission Action Does Not Waive Attorney-Client Privilege
Alexander G. Henlin; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 10, 2014
Insurers can take comfort that their decision to bring a rescission action against a Massachusetts insured will not itself effect a waiver of the attorney-client privilege, at least in cases where the carrier’s process for deciding whether to sue is not relevant to the rescission claim...

 

HTMLSouthern District of New York Holds That Aereo is Not Eligible for the Cable Compulsory License; Grants Preliminary Injunction
Seth A. Davidson, Arthur H. Harding, Glenn G. Pudelka; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on October 24, 2014
In the latest, but not unexpected, development in the ongoing Aereo saga, the United States District Court for the Southern District of New York has rejected Aereo’s contention that it is a “cable system” eligible for the Copyright Act’s cable compulsory license and has...

 

HTML$840 Million in Grants Available Through New HHS Transformation Initiative
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 11, 2014
On Thursday, October 23, 2014, the U.S. Department of Health and Human Services (“HHS”) announced it would make available up to $840 million in grants over the next four years through the Transforming Clinical Practice Initiative (“TCPI”), an Affordable Care Act grant...

 

HTMLStAR Releases Useful Guide to Civil Asset Recovery
Jamie Humphreys; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 5, 2014
In November 2014, the World Bank's Stolen Asset Recovery (StAR) Initiative published Public Wrongs, Private Actions: Civil Lawsuits to Recover Stolen Assets. It is available here. The book provides a step-by-step guide to States embarking on an asset recovery programme. It aims "to explore the...

 

HTMLFDA Issues Draft Guidance on Stem Cell Same Surgery Exception
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 11, 2014
On October 23, 2014, the FDA’s Center for Biologics Evaluation and Research issued draft guidance for tissue establishments and healthcare professionals who implant stem cells and other cellular or tissue-based products into human patients. The FDA regulates human cells, tissues or cellular...

 

HTMLOIG Issues Favorable Advisory Opinion for Medigap “Preferred Hospital” Network Arrangement
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 20, 2014, previously published on November 11, 2014
On Monday, October 21, 2014, the Office of the Inspector General of the U.S. Department of Health and Human Services (“OIG”) issued a favorable advisory opinion regarding the use of a “preferred hospital” network as part of the Medicare Supplemental Health Insurance...

 

Adobe PDFIRS Announces 2015 Retirement Plan Limitations
Lori A. Basilico; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 10, 2014, previously published on October 2014
The Internal Revenue Service announced the 2015 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living adjustments for 2015. The elective deferral contribution limit for 401(k),...

 

HTMLUK Competition Appeal Tribunal Overturns Online Hotel Booking Decision
Jane Elphick, Becket McGrath; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 8, 2014, previously published on October 23, 2014
In its 26 September judgment in Skyscanner Ltd v. Competition and Markets Authority, the UK Competition Appeal Tribunal (CAT) for the first time overturned a commitments decision of the Office of Fair Trading (OFT - since 1 April, the Competition and Markets Authority or CMA). The decision under...

 


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