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HTMLNinth Circuit Rejects Challenge to Bonus Annuity
Eric A. Arnold, Tracey K. Ledbetter, Stephen E. Roth, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 26, 2015, previously published on February 26, 2015
The U.S. Court of Appeals for the Ninth Circuit has affirmed summary judgment for the insurer in a putative RICO class action relating to a bonus indexed annuity. Rejecting the plaintiff’s claims, the court held that the insurer had adequately disclosed and accurately described certain...

 

HTMLFinancial Institution Cannot Assign Loans Based on Activities of Third Parties, Says Massachusetts Supreme Judicial Court
Zachary Atkins, Prentiss Willson; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 26, 2015, previously published on February 25, 2015
The Massachusetts Supreme Judicial Court (SJC) refused to allow a taxpayer, a financial institution, to assign its loan portfolios based on the location of third-party loan servicing activities for purposes of calculating its financial institution excise tax property factor. The taxpayer earned...

 

HTMLVirginia Supreme Court Holds That State Tax Commissioner's Interpretation Prevails Over County Commissioner's Interpretation in BPOL Case
Andrew Appleby, Charles Capouet; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 26, 2015, previously published on February 25, 2015
The Virginia Supreme Court held that the Arlington County Commissioner must defer to the Virginia Tax Commissioner regarding the methodology for calculating a local Business, Professional, and Occupational Licenses tax (“BPOL”) deduction. Arlington County levies a BPOL tax based on the...

 

HTMLFERC to Prepare Enviromental Impact Statement for Eagle LNG Partners Jacksonville Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 24, 2015
FERC released notice of its intent to prepare an environmental impact statement (EIS) for Eagle LNG Partners Jacksonville’s proposed LNG production, storage, and export facility on the St. Johns River, Jacksonville, Fla. Comments on the scope of the EIS are due March 26, 2015.

 

HTMLInsurance Topics We Will Be Watching in 2015
Bert Adams, Eric A. Arnold, Brian Barrett, B. Scott Burton, Thomas W. Curvin; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 18, 2015
With the first month of the year behind us, this report outlines major insurance topics that we will be watching throughout 2015.

 

HTMLCooperative Bank Makes Large Donation to the NRECA International Foundation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 24, 2015
CoBank, a national cooperative bank, recently donated $250,000 to the National Rural Electric Cooperative (NRECA) International Foundation.

 

HTMLCameron LNG Requests FERC Pre-filing Review for Expansion Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 24, 2015
Cameron LNG has filed a request with FERC for initiation of the pre-filing environmental review process for a proposed Expansion Project comprised of two additional liquefaction trains (Trains 4 and 5) and a fifth LNG tank to be located at the Cameron LNG terminal near Hackberry, La. The proposed...

 

HTMLOSHA Inspections Can Get Costly; Manufacturer Hit With $1.7 Million In Proposed Penalties
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 19, 2015
While inspecting an injury at a furniture manufacturing plant in Wisconsin, OSHA expanded its inspection to the full facility and identified 12 alleged willful, 12 repeated, and 14 serious safety violations that carry a $1.76 million proposed penalty. OSHA also placed the company in the Severe...

 

HTMLFederal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 23, 2015
The Insured operated a New Mexico brine well facility involved in solution mining of salt from brine water from 1995 to 2008. In a state court lawsuit, a neighboring property owner sued the Insured for property damage caused by the mining operation (specifically, damages caused when the roof of the...

 

HTMLNRECA Urges FERC to Limit EPA’s Clean Power Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 20, 2015
The National Rural Electric Cooperative Association (NRECA), a group representing over 900 private, not-for-profit electric cooperatives in the U.S., has urged the Federal Energy Regulatory Commission (FERC) to limit the impact of the U.S. Environmental Protection Agency’s (EPA) proposed...

 


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