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Adobe PDFSupreme Court Likely To Clarify Standard of Review on District Court's Factual Findings in Support of Patent Claim Construction
Staas Halsey LLP;
Legal Alert/Article
April 6, 2015, previously published on Fall-Winter 2014
The 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...

 

Adobe PDFWhat Should Parties Do With Unusually Severe Weather on a Construction Project?
Matthew J. DeVries; Burr & Forman LLP;
Legal Alert/Article
April 6, 2015, previously published on March 2015
Rain. 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.

 

HTMLOGC to Prohibit Conversion of LNG Facility Pipelines
Paul R. Cassidy, Monika A. Sawicka; McCarthy Tétrault LLP;
Legal Alert/Article
April 2, 2015, previously published on January 9, 2015
On 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...

 

HTMLWeathering Winter Storm Juno With Roof Collapse Coverage
Seth V. Jackson; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 on January 29, 2015
For 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...

 

HTMLIs Laminate Flooring the New Drywall for Insurers?
Kristin Suga Heres; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 on March 6, 2015
Recent 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...

 

Adobe PDFSecond Place Bidder on Public Works Project Can Sue Winning Bidder for Illegally Lowering Its Bid
Michelle J. Wells; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
March 31, 2015, previously published on March 2015
It 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...

 

HTMLWho is Entitled to Receive a “Refund” in NH of Impact Fees May Surprise You
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on January 6, 2015
We 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...

 

HTMLRecent Supreme Court Decisions Strengthen NH Statute of Repose
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on February 27, 2015
The New Hampshire Supreme Court has issued two decisions in the past two weeks that bolster the strength of New Hampshire’s 8 year statute of repose.

 

HTMLNew Hampshire Supreme Court Interprets "Your Work" Exclusion in CGL Policy
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on January 14, 2015
The NH Supreme Court issued an important ruling yesterday, clarifying the “Your Work” exclusion under a standard Commercial General Liability (CGL) Policy. See Cogswell Farm Condominium Association v. Tower Group, Inc.

 

HTMLAn Alternative to Bid Protests - California Court Allows Second Low Bidder to Sue Low Bidder Directly
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
March 30, 2015, previously published on March 13, 2015
In Roy Allan Slurry Seal, et al. v American Asphalt South, Inc. (2/20/2015), the court held that if a low bidder is only able to secure the bid by paying its workers less than the required prevailing wage, then second low bidder is entitled to bring a direct law suit against the low bidder.

 


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