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HTMLFederal Court Rejects Argument That New York MTBE Case Created New Standard Of Causation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 8, 2014, previously published on August 6, 2014
The U.S. District Court for the Southern District of New York granted summary judgment to an American chemical company on claims by a group of Indian plaintiffs for property damage incurred by hazardous chemicals originating from a chemical manufacturing facility in Bhopal, India from 1969 to 1984....

 

HTMLSecond Circuit Finds State Insurance Laws Prohibiting Insurer From Seeking Reimbursement For Medical Benefits Paid In Tort Settlements Not Preempted By ERISA
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 8, 2014, previously published on August 4, 2014
The Second Circuit held that ERISA does not preempt claims against defendant-insurers under a New York state law prohibiting insurers from seeking reimbursement of medical benefits paid in tort settlements. The opinion reversed the district court’s ruling and resulted in the revival of a New...

 

HTMLElectric Coops Speak Out Against EPA’s Proposed Carbon Emissions Rule
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 8, 2014, previously published on August 6, 2014
Representatives from dozens of electric cooperatives from around the country spoke at public hearings conducted by the U.S. Environmental Protection Agency (EPA) last week in Atlanta, Denver, Pittsburgh and Washington, D.C. The general consensus was that the proposed EPA carbon emissions...

 

HTMLQuicksilver Resources Canada Files for LNG Export Authority
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
Quicksilver Resources Canada Inc. (Quicksilver) filed an application with the Canadian National Energy Board to export 20 million tonnes per annum (mtpa) (960 Bcf/year) of LNG over 25 years from the proposed Discovery LNG Project located just north of the City of Campbell River, British Columbia. ...

 

HTMLEighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision...

 

HTMLB.C. Oil and Gas Commission Updates LNG Facility Regulations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
The British Columbia Oil and Gas Commission announced that it has enacted the new Liquefied Natural Gas Facility Regulation (LNGFR) under the authority of Section 111(2) of the Oil and Gas Activities Act. The announcement states that the LNGFR updates current regulations and is “designed to...

 

HTMLFERC Considers Approving New CIP Standards
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
The Federal Energy Regulatory Commission (FERC) is considering approval of new Critical Infrastructure Protection (CIP) standards drafted by the North American Electric Reliability Corporation (NERC) under a FERC order. Meanwhile, FERC is also suggesting that NERC revise the standards to...

 

HTMLCircuit Court Split Casts Doubt on PPACA Subsidies for Individuals and Employer Penalties in 36 States
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 24, 2014
Two federal appeals courts issued conflicting rulings on July 22 on whether individual premium subsidies under the Patient Protection and Affordable Care Act (PPACA) are available in 36 states that have federally run insurance exchanges. Because employer penalties can be triggered when employees...

 

HTMLSEC Approves Rule Preventing Barters for Expungement Cooperation - What You Can Do to Ensure Compliance
Peter J. Anderson, Eric A. Arnold, Keith J. Barnett, Bruce M. Bettigole, Patricia A. Gorham; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
On July 22, the U.S. Securities and Exchange Commission (SEC) approved the Financial Industry Regulatory Authority’s (FINRA) proposed Rule 2081, which prevents firms or associated persons from conditioning settlement or otherwise paying customers for their cooperation in the complaint...

 

HTMLCongress Scrutinizes Hedge Funds’ Use of Financial Derivatives
Bruce M. Bettigole, Thomas A. Cullinan, Yasho Lahiri, William R. Pauls, W. Scott Sorrels; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
This week the Senate Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs (Subcommittee), in conjunction with the Subcommittee’s hearing on July 22, 2014, released a report on hedge funds’ use of financial derivatives considered abusive. In...

 


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