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|Review of US Patent Claims Construction Gets Canadianized|
Martin Brandsma, David Tait; McCarthy Tétrault LLP;
April 7, 2015, previously published on January 26, 2015On January 20, 2015, the US Supreme Court rendered its precedent-setting decision in Teva that reversed the Federal Circuit’s practice of reviewing all District Court claim constructions de novo on appeal. Instead the Supreme Court found that some decisions are entitled to deference as a...
|Arizona’s New Construction Defect Law is Effective the Summer of 2015|
C. Cole Crabtree; Jaburg Wilk;
April 7, 2015On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona¿s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS § 12-1361, et al. The new law is effective the summer of 2015.
|Restrictive Covenants in the Construction Industry: An Often Overlooked and Underutilized Source of Protection|
Matthew A. Green; Obermayer Rebmann Maxwell & Hippel LLP;
April 6, 2015, previously published on March 2, 2015Restrictive covenants come in many forms; they can be stand-alone agreements, such as a confidentiality agreement, or they can be included in various types of contracts, such as noncompete or nonsolicitation provisions in employment contracts, asset purchase agreements or stock purchase agreements.
|What Should Parties Do With Unusually Severe Weather on a Construction Project?|
Matthew J. DeVries; Burr & Forman LLP;
April 6, 2015, previously published on March 2015Rain. Snow. Sleet. Ice. The winter elements this year have been unusually severe throughout the country. While weather affects our everyday lives, it can be especially crippling to the delivery of materials, the schedule of activities, and the construction project as a whole.
|Supreme Court Likely To Clarify Standard of Review on District Court's Factual Findings in Support of Patent Claim Construction|
Staas Halsey LLP;
April 6, 2015, previously published on Fall-Winter 2014The Supreme Court of the United States (“Supreme Court”) has granted Teva Pharmaceuticals USA’s (“Teva”) petition for review. Teva appealed the decision of the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”). The Federal Circuit had...
|OGC to Prohibit Conversion of LNG Facility Pipelines|
Paul R. Cassidy, Monika A. Sawicka; McCarthy Tétrault LLP;
April 2, 2015, previously published on January 9, 2015On January 5, 2015, the Province of British Columbia issued a direction (the “Direction”) to the British Columbia Oil and Gas Commission (“OGC”) prohibiting the OGC from issuing permits to convert LNG facility pipelines, which are built to support liquefied natural gas...
|Weathering Winter Storm Juno With Roof Collapse Coverage|
Seth V. Jackson; Zelle Hofmann Voelbel & Mason LLP;
April 1, 2015, previously published by Insurance Law360 on January 29, 2015For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in some heavily populated areas. With more precipitation in the forecast, the...
|Is Laminate Flooring the New Drywall for Insurers?|
Kristin Suga Heres; Zelle Hofmann Voelbel & Mason LLP;
April 1, 2015, previously published by Insurance Law360 on March 6, 2015Recent media reports alleging that certain laminate flooring manufactured in China and distributed in the U.S. contains unsafe levels of formaldehyde may have a familiar and frightening ring to them, particularly for insurers that weathered years of coverage litigation involving claims arising out...
|Second Place Bidder on Public Works Project Can Sue Winning Bidder for Illegally Lowering Its Bid|
Michelle J. Wells; Procopio, Cory, Hargreaves & Savitch LLP;
March 31, 2015, previously published on March 2015It has long been the rule in California that the competitive bidding rules applicable to public works projects exist to protect the public, not disappointed bidders. However, in the recent decision of Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., the California Court of Appeal held...
|Who is Entitled to Receive a “Refund” in NH of Impact Fees May Surprise You|
Preti Flaherty Beliveau Pachios LLP;
March 30, 2015, previously published on January 6, 2015We usually think that the word “refund,” refers to money being returned to the person who paid it. The NH Supreme Court, in the recent case of K.L.N. Construction Company, Inc. v. Town of Pelham, 2013-0374, turned this notion on its head in concluding that a “refund” of...