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HTMLShifting the Costs of Complying with a Rule 45 Subpoena
Shailendra K. Maheshwari; Dentons Canada LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
Companies are routinely served with subpoenas for litigation in which they are not parties. Responding to these subpoenas can involve significant expenditure of time and money, in addition to disruption and distraction. In many cases, the subpoenas also may demand a deposition from the company,...

 

HTMLWisconsin Supreme Court 2013-2014 Term Summary Part 1: By the Numbers
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
Last week the court heard the first oral arguments for its 2014-15 term. Now that this new term has arrived, we will spend some time over the next few weeks in a series of posts reviewing what the court did last term.

 

HTMLTenth Circuit Stays EPA’s Rejection of Wyoming’s Regional Haze Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 10, 2014
The U.S. Court of Appeals for the Tenth Circuit has stayed the U.S. Environmental Protection Agency’s rejection of part of Wyoming’s plan for addressing regional haze. The stay was sought by the State of Wyoming, Basin Electric Power Cooperative, and PacifiCorp. The court also granted...

 

HTMLCourt of Appeal Allows Action Against Police and Crown to Continue: Phillion v. Ontario (Attorney General), 2014 ONCA 567
Adriana De Marco; Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 10, 2014
The plaintiff was convicted of murder in 1972. He protested his innocence over the next several decades. He was eventually able to re-open his case and received previously undisclosed and potentially exculpatory alibi evidence. The plaintiff’s conviction was ultimately quashed on a reference...

 

HTMLThird District Court of Appeal Upholds Level Of Detail In Programmatic EIR for Rail Corridor
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
September 15, 2014, previously published on September 3, 2014
Programmatic EIRs invariably invoke the uneasy question, of “how much information is enough?” This question is reminiscent of the challenge to the United States Supreme Court in defining obscenity and Justice Potter Stewart’s concurring opinion when he acknowledged the difficulty...

 

HTMLAppellate Court Rules that Recent Decisions Requiring Search Warrant for Forced Blood Draw or to Search Cell Phones Do Not Apply "Retroactively"
Gary William Schons; Best Best & Krieger LLP;
Legal Alert/Article
September 15, 2014, previously published on September 9, 2014
Overview: The California Court of Appeal recently held, in two separate rulings, that the recent holdings requiring law enforcement officers to obtain a search warrant prior to forcing a blood draw and searching the contents of a cell phone do not apply retroactively to searches conducted prior to...

 

HTMLCSA Finds Antidote for Poison Pill Debate
Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 11, 2014
With a longer deposit period and a 50% minimum tender condition, Canadian securities regulators have agreed on a common cure for the differing views on regulating a traditional M&A defensive tactic.

 

HTMLFourth District Court of Appeal Rules Bad Faith Claim May Proceed Even In Absence of Breach of Contract
Maria Elena Abate; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
On September 3, 2014, in an en banc decision, the Fourth District Court of Appeal expressly stated that an insured may proceed with a bad faith claim even when there has been no determination that the insurer has breached any contractual duties. Cammarata v. State Farm Fla., Ins., 2014 WL 4327948...

 

HTMLBlackstone and Booze: Wisconsin Court of Appeals Discusses Retroactivity of Judicial Decisions
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
On August 26, the Wisconsin Court of Appeals released Mixx Night Club v. Milwaukee, 13AP2599, an opinion analyzing the retroactivity of Wisconsin Supreme Court decisions.

 

HTMLJudge Easterbrook on Appellate Review: There Are No "Writs of Erasure"
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on Septemlber 10, 2014
Judge Easterbrook provided a fundamental and valuable lesson on appellate review during today’s oral argument in O’Keefe v. Chisholm, a series of consolidated appeals that concern the John Doe investigation brought by Milwaukee’s elected (and Democratic) district attorney into the...

 


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