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|Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders|
Roberta A. Barsotti, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
April 21, 2015, previously published on March 2015For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure to take a timely appeal from such an order may forfeit all...
|Supreme Court Clarifies Application of Final Judgment Rule in MDL Proceedings, But Uncertainty Remains|
Christian D. Sheehan; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on February 2015On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was consolidated with several others for pretrial purposes a final and immediately...
|Supreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling|
Arleigh P. Helfer, Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on February 2015One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a concern for appellants, who are subject to the doctrine of...
|Electronic Discovery & Information Governance - Tip of the Month: Proposed Federal Discovery Rules: Effect on Big Data and Social Media Discovery|
Michael D. Battaglia, Eric B. Evans, Kim A. Leffert, Anne M. Selin; Mayer Brown LLP;
April 14, 2015, previously published on March 31, 2015Plaintiffs have filed a complex class action case against a global multimedia conglomerate, alleging widespread employment discrimination that resulted in suppressed wages. Discovery has just begun, and plaintiffs have asked for all of the defendant’s pay and human resources data that reside...
|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...
|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...
|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...
|“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...