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Documents on alternative dispute resolution
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|Self Defense in Civil Suit; Firm Venue|
Thomas Benjamin Humphries; Sirote & Permutt, P.C.;
March 19, 2015, previously published on December 19, 2014This week's Alabama Law Weekly Update discusses two decisions recently entered by the Alabama Supreme Court. In the first case, the Court considered a summary judgment entered in Tuscaloosa Circuit Court in favor of a defendant accused of civil assault and battery. In the second, the Court weighed...
|Permissibility of Fees Under RESPA; Scope of Liability for Improper Filing:|
Cullen J. Brown; Sirote & Permutt, P.C.;
March 19, 2015, previously published on March 12, 2015In this week's Alabama Law Weekly Update we review two opinions from the United States Court of Appeals for the Eleventh Circuit. The first case concerns the permissibility of certain fees charged by a title agency under RESPA. The second case, which is a case of first impression in the Eleventh...
|Elective Share of Estate; Anticipated Lost Profits|
Joshua Hornady; Sirote & Permutt, P.C.;
March 19, 2015, previously published on December 10, 2014In this week's Alabama Law Weekly Update, we bring you two cases from the Alabama Supreme Court. The first case addresses when a surviving spouse must file for an elective share of an estate, holding that the election or request for extension must occur before the statutory cut-off. In the second...
|Congressional Tax Exemption on Federal Mortgage Entities; Alabama Business Privilege Tax Act|
Ashten Kimbrough Seay; Sirote & Permutt, P.C.;
March 19, 2015, previously published on January 26, 2015In this week's ALWU, we share with you a decision from the 11th Circuit Court of Appeals and a decision from the Alabama Court of Civil Appeals. The first concerns a Congressional exemption from taxation granted to federal mortgage entities, and the second deals with the Alabama Business Privilege...
|Company Directors Jailed After Employee Death|
Catrina Webster; Davis LLP;
March 18, 2015, previously published on February 12, 2015There is a rising trend towards holding supervisors and managers legally responsible for accidents in the workplace. On January 13, 2015, New Mex Canada Inc., an Ontario importer and retailer of furniture and accessories, was fined $250,000 and two of its directors have been jailed for 25 days,...
|Legal Blogs We Enjoy: Nominations for the 2014 Clawbies|
Laura Easton; Davis LLP;
March 18, 2015, previously published on December 23, 2014Nothing signals the approach of the holidays like eggnog lattes, gingerbread, frenzied mall traffic and of course, the Clawbies! Since 2006, the annual Canadian Law Blog Awards has been recognizing outstanding blogs from the Canadian legal industry. The nomination process is open to the public.
|Supreme Court of Canada Confirms Exclusivity of Montreal Convention on Airline Liability|
Elise Clavert, Laura Easton, Prasad Taksal; Davis LLP;
March 18, 2015, previously published on February 10, 2015On October 28, 2014, the Supreme Court of Canada, with a 5-2 majority, held that Convention for the Unification of Certain Rules for International Carriage by Air (the “Montreal Convention”) provides exclusive recourse against airlines for claims arising in the course of international...
|Court of Appeal Confirms Counsel’s Role in Assisting Expert Witnesses|
Katherine A. Ruta; Davis LLP;
March 18, 2015, previously published on January 30, 2015On January 29, 2015, the Court of Appeal affirmed counsel’s role in assisting experts with preparation of their expert witness reports for trial. In a controversial decision handed down by Madam Justice Wilson of the Ontario Superior Court of Justice in January 2014, counsel’s practice...
|Contract Troubleshooting Tips|
Stephen Antle; Borden Ladner Gervais LLP;
March 13, 2015, previously published on January 19, 2015Contract troubleshooting is using the expertise gained in resolving contractual disputes in drafting contracts, to manage the risk of disputes by preventing them arising in the first place. This bulletin sets out some practical tips on how to do that.
|California Guidance on Complex Duty to Defend Disputes over Additional Insured Status|
Max H. Stern; Duane Morris LLP;
March 13, 2015, previously published on January 28, 2015In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly come up...