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Documents on alternative dispute resolution
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|Arbitration Award Stands Despite Apparent Error of Law|
Stanley A. Martin; Duane Morris LLP;
March 25, 2015, previously published on March 12, 2015A federal appellate court has reminded the business community that a mistake of law by an arbitration panel will not ordinarily be grounds to overturn the award. The arbitration concerned a terminated financial services consultant, who filed for arbitration almost two years after the termination....
|Summary Judgment Applications in Alberta: Court of Appeal Indicates Appeals from Denials Will Be Difficult to Establish|
Melissa D. Tennison; DLA Piper (Canada) LLP;
March 24, 2015, previously published on March 19, 2015The Alberta Court of Appeal in its recent decision, 776826 Alberta Ltd. v. Ostrowercha, 2015 ABCA 49, discussed the recent changes to the direction of the law on summary judgment applications. It confirmed that the decision of the Trial Judge as to whether or not summary judgment is a fair and...
|Lance Armstrong’s Perjured Doping Testimony Earns Him a $10 Million Sanction in Arbitration|
Haley Fowler Gregory; Butler Snow LLP;
March 24, 2015, previously published on March 17, 2015Recently, Lance Armstrong attracted national attention when an arbitration panel in Texas ordered him to pay $10 million in sanctions to a promotions company for lying about his use of performance-enhancing drugs to win the 2004 Tour de France. Sanctions, especially of this type and magnitude, are...
|British Columbia's Pioneering Civil Resolution Tribunal|
Barbara Murray, Talya Nemetz-Sinchein; Singleton Urquhart LLP;
March 20, 2015, previously published on January 5, 2015In 2015, British Columbia will introduce a Civil Resolution Tribunal (CRT), the first on-line dispute resolution and adjudicative body in Canada. The CRT is designed to transform civil and administrative dispute resolution in B.C. from the current system to, as the provincial government’s...
|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...
|Copyright Infringement; Damages for Conversion Reversed|
William Wesley Hill; Sirote & Permutt, P.C.;
March 19, 2015, previously published on December 4, 2014This week we present for your consideration two cases: (a) an Eleventh Circuit decision upholding a copyright infringement award against a venue operator for playing five copyrighted songs without a license; and (b) an Alabama Supreme Court decision reversing damages awarded to a farmer for a claim...
|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...
|Worker's Compensation Act Issue; Motions to Compel Arbitration|
Sirote Permutt P.C.;
March 19, 2015, previously published on February 2, 2015This week's Alabama Law Weekly Update discusses two decisions from the Supreme Court of Alabama. In the first case, the Court considered a worker's compensation case where the trial court awarded permanent total disability benefits in accordance with the Workers' Compensation Act. In the second,...
|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...
|Specific Performance Inappropriate; Gambling Order Upheld|
Joshua "JJ" Gotlieb; Sirote Permutt P.C.;
March 19, 2015, previously published on December 1, 2014In this week's Alabama Law Weekly Update, we present for your consideration two decisions released by Alabama courts. In the first, the Alabama Court of Civil Appeals reviewed the awarding of specific performance of a contract in connection with the construction and delivery of a display for a...