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|When Should An Inferior Court Just Sit Tight?|
Ryan G. Koopmans; Nyemaster Goode, P.C.;
December 19, 2014, previously published on December 18, 2014That was the main question yesterday in Deaton v. Arkansas Department of Correction. Arkansas prisoner Christopher Deaton wants to grow a full-length beard for religious reasons, but prison policy doesn’t allow it because of safety concerns. Deaton sued under the Religious Land Use and...
|The Second Opinion: “Use it or Lose it” — The BCCA Warns Parties to Act Quickly in Response to a Fundamental Breach (or Suffer the Consequences)|
Anthony M.C. Alexander; McCarthy Tétrault LLP;
December 17, 2014, previously published on November 14, 2014A recent ruling of the British Columbia Court of Appeal, A & G Investments Inc. v. 0915630 B.C. Ltd., 2014 BCCA 425, provides a useful primer on the available mechanisms for bringing a contract to an end.
|Supreme Court of Canada Recognizes a General Principle of Good Faith in Contractual Performance|
Neil Finkelstein, Brandon Kain; McCarthy Tétrault LLP;
December 15, 2014, previously published on November 14, 2014The Supreme Court of Canada has released a precedent-setting judgment in the area of contract law. In Bhasin v. Hrynew, 2014 SCC 71, the Court recognized for the first time that there is a general organizing principle of good faith in the performance of contracts throughout Canada. The appeal was...
|Thanksgiving Out West|
Laurie Hepler; Carroll, Burdick & McDonough LLP;
December 10, 2014, previously published on November 2014On Election Day, Nevadans finally voted to establish an intermediate appellate court. For years, that state’s economy and population have been generating far too many appeals and writ petitions for just its Supreme Court to handle competently (or at all), and its trial courts have run without...
|Texas Apartment Association Files Amicus Brief in U.S. Supreme Court Fair Housing Act Case|
Peter Hansen, Sean D. Jordan, Robert A. Lemus, Kent C. Sullivan; Sutherland Asbill & Brennan LLP;
December 10, 2014, previously published on November 25, 2014The U.S. Supreme Court will review a Fair Housing Act case to address whether the Act prohibits facially neutral conduct that has an unintended disparate impact on members of a protected class. In its amicus curiae brief, the Texas Apartment Association (TAA) argues that the text and history of the...
|A California Court Finds That Payments for an Attorney’s Time Fees Are Not “Attorney Fees” but “Costs and Expenses”?|
Summer L. Nastich; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In Otay Ranch v. County of San Diego, (2014) 230 Cal.App.4th 60, the court of appeals affirmed a trial court’s award of $44,621.28 in costs and expenses to a County related to preparation of the administrative record in a CEQA appeal. The petitioner in the CEQA action, who now had to pay the...
|Appellate Court Ruling on Oil and Gas Leases Appealed to Ohio Supreme Court|
Kohrman Jackson Krantz PLL;
November 14, 2014, previously published on Novemver 10, 2014On September 26, 2014, in Hupp v. Beck, the 7th District Court of Appeals in Ohio overturned the trial court’s decision that certain oil and gas leases in Monroe County, Ohio between landowners and Beck Energy Corporation (Beck) were void from their inception. On Friday, November 7, 2014, the...
|Direct Benefits Estoppel: 7th Cir. Explains How You Can Be Compelled To Arbitrate Without Agreeing To Do So|
Thomas L. Shriner; Foley Lardner LLP;
November 14, 2014, previously published on November 5, 2014Everyone knows that you can’t be compelled to arbitrate a dispute unless you’ve agreed to do so. But what everyone knows is sometimes wrong. There are situations in which a person has to arbitrate even though she didn’t sign an agreement to that effect. Generally, “a...
|When Is the Presence of Lactobacillus Acidophilus an Occurrence Under a CGL Policy?|
Philip C. Babler; Foley Lardner LLP;
November 14, 2014, previously published on November 6, 2014In Wisconsin Pharmacal Co. v. Nebraska Cultures of California, No. 13AP613 (Wis. Ct. App. Oct. 29, 2014), the Wisconsin Court of Appeals analyzed the circumstances under which a supplier’s negligent provision of an incorrect ingredient to a manufacturer, where the ingredient renders the other...
|Suing the State: Class Action or "Mass Action"|
Philip C. Babler; Foley & Lardner LLP;
November 12, 2014, previously published on October 31, 2014Wisconsin’s court of appeals recently clarified the extent to which class-action lawsuits may be brought against Wisconsin governmental entities in Townsend v. Neenah Joint School District, No. 13AP2839 (Oct. 22, 2014). Wisconsin cases have recognized the tension between the class-action...