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|Court of Appeals Holds Owner Can be Held Liable for Negligence Because of Defective Front-End Loader|
Dirk H. Beckwith, Rachel N. Gizicki; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 21, 2014The Michigan Court of Appeals recently held that a plaintiff who fell from a front-end loader (also known as a pay loader or bucket loader) that was missing part of the ladder used to access the cabin, had a claim of ordinary negligence against the owner.
|Second Circuit's Significant Decision Could Impact Liquidating Trustees|
Duane Morris LLP;
September 1, 2014, previously published on August 28, 2014In the case of United States of America v. Edward P. Bond, No. 12-4803 (2d. Cir. August 13, 2014), the United States Court of Appeals for the Second Circuit (the "Second Circuit") issued a decision that could have far-reaching effects on how liquidating chapter 11 bankruptcy cases will be...
|Trademark Board Cancels "Redskins" Registrations|
Timothy J. Lockhart; Willcox & Savage, P.C.;
September 1, 2014, previously published on Summer 2014In the latest battle in a long-running war involving trademarks used by the Washington Redskins football team, the U.S. Trademark Trial and Appeal Board (TTAB) canceled six registrations for the team’s REDSKINS marks. Amanda Blackhorse, Marcus Briggs-Cloud, Philip Gover, Jillian Pappan, &...
|Appellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims|
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 1, 2014, previously published on August 22, 2014Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the date of the adverse employment action. This ruling ¿ the first of...
|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...
|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...
|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...
|Recent Developments in the Use of the Attorney-Client Privilege and Work Product Immunity to Shield Investigative Materials from Discovery in New York|
Lorraine M. Armenti, Jonathan A. Messier; Coughlin Duffy LLP;
August 27, 2014, previously published on August 13, 2014An appellate-level state court in New York recently examined the applicability of the attorney-client privilege and work product immunity in the context of an insurer’s pre-denial-of-coverage retention of outside counsel to assist in evaluating the existence or non-existence of insurance...
|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...
|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...