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HTMLSeventh Circuit Warns Intervenors Not to Sleep on Their Rights
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management Services, Nos. 14-1270 & 14-2284 (Sept. 11, 2014). First...

 

HTMLEleventh Circuit Court of Appeals Says Beneficiary of Approved I-140 Has Standing to Challenge an I-140 Revocation
Catharine Yen; Greenberg Traurig, LLP;
Legal Alert/Article
October 15, 2014, previously published on September 30, 2014
On September 29, 2014, the United States Court of Appeals for the Eleventh Circuit ruled that a beneficiary of an approved I-140 visa petition has standing to challenge the revocation of a previously approved I-140 visa petition.

 

Adobe PDFSupreme Court Holds Health Care Professional Engaged to Provide an Independent Medical Records Review Owes No Duty of Care to Patient.
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
October 15, 2014, previously published on September 24, 2014
In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of care to the patient. Consequently, the doctor cannot be held liable...

 

HTMLAfter the Bank Forecloses, Must It Actually Sell Your House?
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
The Wisconsin Supreme Court will answer this question in Bank of New York v. Carson, No. 2013AP544. It heard argument in this case last Tuesday.

 

HTMLSeventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable time” under Rule 60(c)(1), but subsection (c)(1)...

 

HTMLDC Circuit Ruling Confirms Reasonableness Of Resellers Relying On TAA Certifications From Suppliers
Christopher M. Loveland; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 9, 2014, previously published on September 29, 2014
The U.S. Court of Appeals for the District of Columbia Circuit has issued a ruling bringing to an end the long-running False Claims Act (“FCA”) case filed by relator Brady Folliard and providing useful guidance to resellers servicing the Federal government through the GSA Multiple Award...

 

HTMLFourth Circuit Affirms Maryland District Court’s Ruling That Absence of Privilege Log Constitutes Waiver and Permits Chevron to View Documents from Ecuadorian Action
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
October 9, 2014, previously published on September 2014
In Chevron Corporation v. Aaron Page, the United States Court of Appeals for the Fourth Circuit was asked to decide on the consolidated appeals stemming from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron sought discovery in several American courts to...

 

HTMLEleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a lower court. In Mais v. Gulf Coast Collection Bureau, Inc.,...

 

HTMLMassachusetts: Loan Originator May Only Deduct Employee Expenses
David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
In Morello v. Commissioner, No. C314603 (Sept. 8, 2014), the Massachusetts Appellate Tax Board (MATB) determined that the Commissioner of Revenue (Commissioner) had correctly concluded that an individual working as a loan originator was not an independent contractor and did not qualify as an...

 

HTMLAppeals Court Rules Fingerprint Impressions Are Records Of Arrest That Can Be Sealed and Destroyed
Tamara Bogosian, Paul A. Cappitelli; Best Best & Krieger LLP;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
Overview: The California Court of Appeal held that fingerprint impressions taken of suspects at the time of their arrest constitute “records of arrest” that can be sealed and destroyed if the suspect is found to be factually innocent under Penal Code section 851.8.

 


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