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|Employer Required to Reimburse Employees for Personal Cell Phone Use Despite Unlimited Minutes Plans|
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 29, 2014, previously published on August 20, 2014Cell phones are ubiquitous. At some companies, employees use their personal phones to make business calls. Does an employer need to “pay” for that use of the phone, even if the employee did not incur any extra expenses for doing so? Yes, according to an appellate court in a recent...
|Covenant Limiting Development to One House per Lot Is Still In Effect and Had Not Been Waived|
Edward J. Levin; Gordon Feinblatt LLC;
August 27, 2014, previously published on August 2014The Court of Special Appeals recently held that homeowners could not build a second house on the land that they owned due to an 80 year old plat and a set of covenants despite their claims that the same issue had been resolved in prior litigation and that the homeowners association had waived the...
|Stop Being So Unreasonable!|
Michael R. Bosse; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014In a recent case decided in the United States Court of Appeals for the Federal Circuit, the Federal Court considered when costs are reasonable and when they are not. Kellogg Brown and Root Services Inc. (“KBR”) entered into a contract with the Army back in 2001 to provide logistical...
|7th Cir. Leaves Distressed-Asset Investor With No Remedy, or Exactly What it Bargained for|
Eric G. Pearson; Foley & Lardner LLP;
August 27, 2014, previously published on August 21, 2014It’s rare that a party to a contract can breach it but not be liable for a remedy. Yet that’s precisely what happened last week in Southern Financial Group, LLC v. McFarland State Bank, No. 13-3378 (7th Cir. Aug. 15, 2014), a Wisconsin-law decision from the Seventh Circuit (written by...
|Arbitration Panel Misconstrues Contractor Licensing Law: Florida Appellate Court Allows Decision to Stand|
Peter C. Vilmos; Burr & Forman LLP;
August 27, 2014, previously published on August 15, 2014If you’ve followed Burr’s e-note over the past year or two, then you know that the United States Supreme Court has issued recent opinions on the power of arbitration tribunals to make legal decisions. Even if a review of the arbitration decision reveals an error in legal...
|Buying “As Is” Precludes Future Claims|
Meredith Eilers; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014 In a decision issued on August 20, 2014 by the First Circuit Court of Appeals in Boston, the court both enforced an “as is” provision in a purchase and sale agreement and concluded that the sale of a multimillion dollar oceanfront property in Bar Harbor was not accompanied by...
|The Wait is Over: A Party Can Now File a Contribution Claim Prior to the Completion of a Cleanup|
Deborah A. Kelly, Heidi S. Minuskin, Michelle D. Murphy; Coughlin Duffy LLP;
August 27, 2014, previously published on August 6, 2014One of the most valuable tools in a responsible party’s arsenal, a contribution claim, can now be used to take immediate action against other potentially responsible parties for damages at contaminated sites in New Jersey. This important tool ensures that parties do not pay more than their...
|Maryland Court of Appeals Finds That Maryland’s Wage Payment and Collection Law Applies to Claims for Overtime Wages|
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
August 27, 2014, previously published on August 2014In Peters v. Early Healthcare Giver, Inc., the Maryland Court of Appeals held that Maryland’s Wage Payment and Collection Law (“WPCL”) covered claims for overtime wages, despite any federal authority to the contrary. Writing for the Court, Judge Sally D. Adkins held that there was...
|Court Of Appeals Approves Baltimore City’s "Quick-Take" Condemnation|
Edward J. Levin; Gordon Feinblatt LLC;
August 27, 2014, previously published on August 2014In Makowski v. Mayor & City Council of Baltimore, 94 A.3d 91 (Md. June 24, 2014), the Court of Appeals affirmed a decision of the Circuit Court for Baltimore City which authorized the City to proceed with the “quick-take” condemnation of property within the Middle East community...
|Court Grants Appeal: Decision of Registrar Set Aside|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
August 27, 2014, previously published on August 20, 2014This was an appeal of a decision of the Trade-marks Opposition Board refusing the trade-mark application made by Hayabusa Fightwear Inc. (the “Applicant”), seeking registration of the trade-mark HAYABUSA (the “Mark”). The refusal was made following the opposition of Suzuki...