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HTMLCosts Principles in Class Actions are Not Asymmetrical
David Di Paolo, Margot Finley; Borden Ladner Gervais LLP;
Legal Alert/Article
June 1, 2015, previously published on March 20, 2015
In the recent case of Fischer v. IG, 2015 ONSC 2491, the Divisional Court has settled any debate as to whether s. 31(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (“CPA”) is intended to apply asymmetrically in favour of plaintiffs; it is not.

 

HTMLHigh Court of Australia Limits Proportionate Liability Laws to Misleading and Deceptive Conduct
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
June 1, 2015, previously published on May 2015
The judgments in two Full Court decisions of the Federal Court, delivered one week apart, reached different views on an important aspect of the operation of the proportionate liability laws for two important federal statutory regimes—the Corporations Act and the ASIC Act.[1] In one of those...

 

HTMLCourt of Appeals Finds No Advertising Injury Coverage Where Causal Relationship Between Injuries and Activities are Lacking.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
June 1, 2015, previously published on May 2015
On February 2010, RMG Direct, Inc. (“RMG”) sued Blackstone International Limited (“Blackstone”). RMG alleged several claims, all stemming from an alleged joint venture to market “low vision” lighting products manufactured by Blackstone. Specifically, RMG claimed...

 

HTMLPlease Hold, Someone Will Be With You Shortly: FCC Action on Pending TCPA Petitions Expected Soon
Keith J. Barnett, Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 1, 2015, previously published on May 29, 2015
Following on the heels of FCC Commissioner Michael O’Rielly’s stinging comments imploring the agency to address a backlog of petitions requesting clarification of its Telephone Consumer Protection Act (TCPA) regulations, FCC Chairman Tom Wheeler announced on May 27 that he is...

 

HTMLU.S. District Court Examines Judiciary’s Authority to Review the Merits of Administrative Forfeiture Proceedings
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
May 29, 2015, previously published on May 2015
John Farrace v. Bureau of Alcohol, Tobacco, Firearms and Explosives, involved a motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). The underlying lawsuit was filed by a pawn shop owner seeking judicial review of administrative forfeiture...

 

HTMLMaryland District Court Denies Defendant’s Motion to Dismiss in Breach of Contract Diversity Action and Grants Plaintiff’s Motion for Leave to File a Surreply
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 29, 2015, previously published on May 2015
In TrimGen Corporation v. Iverson Genetic Diagnostics, Inc., Plaintiff, TrimGen Corporation (“TrimGen” or “Plaintiff”) brought a diversity action against Defendant, Iverson Genetic Diagnostics, Inc. (“Iverson” or “Defendant”), seeking damages of...

 

HTMLFollowing Griffin, Maryland High Court Expands on Techniques to Authenticate Social Media Evidence
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 29, 2015, previously published on May 2015
In a trilogy of cases, Albert Sublet IV v. State, Tavares D. Harris v. State, and Carlos Alberto Monge-Martinez v. State (Maryland Court of Appeals, April 23, 2015), Maryland’s highest court addressed the authentication of social media evidence and confirmed that the current rules of evidence...

 

HTMLCourt Finds That The Breadth Of An Investigation Supports A Manager’s Credibility Resolution
A. Stevenson Bogue; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
May 29, 2015, previously published on Second Quarter 2015
Many disciplinary actions involve a determination by the company as to who is telling the truth. As illustrated by a recent court decision, a review of an employer’s credibility resolution may turn on how thorough the investigation of the differing versions of events actually was.

 

Adobe PDFSupreme Court Rules on Statute of Limitations for Claims Against Plan Fiduciaries: Statute of Limitations for ERISA Fiduciary Claims Can Run From the Date of a Failure to Monitor Investments, Not Merely From the Date of the Initial Investment Decision
Sullivan Cromwell LLP;
Legal Alert/Article
May 28, 2015, previously published on May 19, 2015
Yesterday in Tibble et al., Petitioners v. Edison International et al., the U.S. Supreme Court ruled that the six-year statute of limitations for claims against ERISA fiduciaries runs from the date of a failure to monitor investments, and not simply from the date of the initial investment decision....

 

Adobe PDFIn re Cornerstone Therapeutics Inc. Stockholder Litigation: Delaware Supreme Court Holds That Plaintiffs Seeking Monetary Damages Must Plead Non-Exculpated Claims Against Disinterested Directors to Survive Motion to Dismiss by Those Directors
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Mitchell S. Eitel, Brian T. Frawley; Sullivan & Cromwell LLP;
Legal Alert/Article
May 28, 2015, previously published on May 18, 2015
In a decision1 issued on May 14, 2015, the Delaware Supreme Court held that a plaintiff seeking only monetary damages against a director who is protected by an exculpatory charter provision must plead duty of loyalty/bad faith claims to survive a motion to dismiss, regardless of the underlying...

 


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