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|2015 ACA Reporting Requirements; Protecting Your Business's Marks from Competitors.|
Bruce 'Andy' Andrews; Sirote Permutt P.C.;
March 23, 2015, previously published on January 20, 2015In this week’s Alabama Law Weekly Update, we present for your consideration, first, a brief outline of new reporting requirements for larger businesses under the Affordable Care Act (the “ACA”); and second, a federal court decision highlighting important considerations for...
|Prevailing-party Agents Entitled to Attorney's Fees|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
March 13, 2015, previously published on February 9, 2015In Curo Enterprises, LLC v. Dunes Residential Services, Inc., No. 111,191, 2015 Kan. App. LEXIS 1 (Kan.App. January 2, 2015), Curo, in its capacity as DPW’s agent, brought suit against Dunes, in its capacity as DPW’s property manager, in order to terminate DPW’s agreement with...
|Sawnee EMC Prevails in Bid Protest to Serve New Gwinnett Technical College Building|
Benjamin C. Morgan, James A. Orr, William R. Wildman; Sutherland Asbill Brennan LLP;
March 10, 2015, previously published on March 10, 2015Sawnee EMC has prevailed in a bid protest to serve a new education building at Gwinnett Technical College. After Sawnee EMC protested Georgia Power’s offer of ˝ cent per kWh - and the state’s acceptance of that offer - Georgia Power withdrew its bid, leaving Sawnee as the winning...
|Ontario Court of Appeal Confirms Privilege Over Counsel and Expert Communications|
Paul Davis, Byron Shaw; McCarthy Tétrault LLP;
March 10, 2015, previously published on February 3, 2015A little over one year ago, the Ontario Superior Court’s decision in Moore v. Getahun sent a chill through the litigation bar in Ontario. During a medical negligence trial, the trial judge criticized an expert witness for discussing a draft expert report with counsel and required disclosure...
|“Use It or Lose It”: Service Mark Registration Canceled When Application Supported Only by Advertising|
Ann G. Fort, James H. Johnson, Jr.; Sutherland Asbill Brennan LLP;
March 6, 2015, previously published on March 5, 2015On March 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling addressing use requirements for registering service marks. The court held that offering a service, without the actual rendering of that service, is not “use in commerce” for the purposes of...
|New NY Appellate Court Case Addresses Common Non-Compete/Non-Solicit Clause Issues|
Paul F. Keneally; Underberg & Kessler LLP;
March 3, 2015, previously published on February 25, 2015While restrictive covenants in employment agreements (typically non-compete and non-solicit clauses) remain difficult for employers to enforce, employers keep trying and some courts do enforce them in certain circumstances. A recent decision from the New York State Appellate Division First...
|Walters v. YMCA, Putting Some Limitations on Stelluti v. Casapenn|
Walter F. Kawalec; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 2, 2015, previously published on December 1, 2014In 2010, the New Jersey Supreme Court issued its opinion in Stelluti v. Casapenn Enterprises, Inc., 1 A.3d 678 (N.J. 2010), in which the court examined the applicability of an exculpatory (i.e. hold harmless) provision in the context of a private health club membership. A club patron was injured...
|Charitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
February 19, 2015, previously published on December 12, 2014The law is well settled that a beneficiary of charitable works who is injured while attending an immunized event is barred from recovering for a bodily injury negligence claim against the charitable organization. However, what about when the “beneficiary” is dropped off at a church by...
|No Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
February 19, 2015, previously published on January 5, 2015A dispute arose between a chiropractic provider, Complete Care, and an automobile insurer, GEICO, over personal injury protection (“PIP”) benefits. The insured, Walter Jones, was injured in an auto accident in 2007 and treated by Complete Care. When GEICO stopped paying his bills, Jones...
|Appellate Division Affirms Large Award to Airline Employee|
John H. Geaney; Capehart & Scatchard, P.A.;
February 19, 2015, previously published on January 12, 2015It is very difficult to appeal a Judge of Compensation on the level of permanency awarded following trial. That lesson can be seen in Huesser v. United Airlines, A-5959-12T3, (App. Div. July 14, 2014).