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HTML2015 ACA Reporting Requirements; Protecting Your Business's Marks from Competitors.
Bruce 'Andy' Andrews; Sirote Permutt P.C.;
Legal Alert/Article
March 23, 2015, previously published on January 20, 2015
In 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...


HTMLPrevailing-party Agents Entitled to Attorney's Fees
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
March 13, 2015, previously published on February 9, 2015
In 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...


HTMLSawnee 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;
Legal Alert/Article
March 10, 2015, previously published on March 10, 2015
Sawnee 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...


HTMLOntario Court of Appeal Confirms Privilege Over Counsel and Expert Communications
Paul Davis, Byron Shaw; McCarthy Tétrault LLP;
Legal Alert/Article
March 10, 2015, previously published on February 3, 2015
A 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...


HTML“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;
Legal Alert/Article
March 6, 2015, previously published on March 5, 2015
On 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...


HTMLNew NY Appellate Court Case Addresses Common Non-Compete/Non-Solicit Clause Issues
Paul F. Keneally; Underberg & Kessler LLP;
Legal Alert/Article
March 3, 2015, previously published on February 25, 2015
While 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...


HTMLWalters v. YMCA, Putting Some Limitations on Stelluti v. Casapenn
Walter F. Kawalec; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
In 2010, the New Jersey Supreme Court issued its opinion in Stelluti v. Casapenn Enterprises, Inc., 1 A.3d 678 (N.J. 2010), in which the court examined the applicability of an exculpatory (i.e. hold harmless) provision in the context of a private health club membership. A club patron was injured...


HTMLNew Jersey Cannot Transfer Case to Pennsylvania Due to Lack of Personal Jurisdiction
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on November 21, 2014
Plaintiffs Mohammad were injured in an automobile accident in Philadelphia. Plaintiffs reside in North Bergen, New Jersey and defendants in Bensalem, PA. Plaintiffs filed suit in Bergen County in Mohammad v. Cohen, 2014 N.J. Super. Unpub. LEXIS 2688 (App. Div. Nov. 14, 2014) and defendants moved to...


HTMLCourt Finds Homeowners May Be Covered for Collapsed Basement Wall Allegedly Caused by Hidden Decay
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on December 5, 2014
Plaintiffs Alexander and Moinica Bardis suffered a loss on December 26, 2009 when the right basement wall of their 20 year old single family home collapsed. They filed a property loss claim against their homeowner’s policy with Cumberland Insurance Group (“Cumberland”). After...


HTMLCharitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on December 12, 2014
The law is well settled that a beneficiary of charitable works who is injured while attending an immunized event is barred from recovering for a bodily injury negligence claim against the charitable organization. However, what about when the “beneficiary” is dropped off at a church by...


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