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|Plaintiffs' Counsel Comments on Verdict in Whirlpool Defective Front-Load Washers Trial|
Jonathan D. Selbin; Lieff, Cabraser, Heimann & Bernstein, LLP;
January 30, 2015, previously published on October 30, 2014Jonathan D. Selbin, chair of the defective products practice group at the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, and plaintiffs' Lead Counsel, announced that a jury in federal court in Ohio today returned a verdict in favor of Whirlpool Corporation (NYSE: WHR)....
|Insufficient Evidence Calls for Overturning Insider Trading Cases, Second Circuit Rules|
Robert L. Peabody; Jackson Lewis P.C.;
January 30, 2015, previously published on December 18, 2014Overturning the criminal convictions of former Diamondback Capital Management, LLC portfolio manager, Todd Newman, and former Level Global Investors, L.P. portfolio manager, Anthony Chiasson, for insider trading, the federal appeals court in New York has held the government "failed to present...
|Court of Appeal Provides "Modern Approach" to Privileged Documents|
Michael C. Barbero; McLennan Ross LLP;
January 30, 2015, previously published on October 2, 2014In Canadian Natural Resources Limited v. ShawCor Ltd., 2014 ABCA 289, the Court of Appeal outlined a new approach to claims of privilege over documents. The Court held that a party preparing an affidavit of records must, short of revealing information that is privileged, provide a sufficient...
|Court of Appeal Rejects Private Law Duty of Care Owed by Regulators|
Michael C. Barbero, Gavin S. Fitch; McLennan Ross LLP;
January 30, 2015, previously published on September 24, 2014In Ernst v. Alberta (Energy Resources Conservation Board), 2014 ABCA 285, the Court of Appeal upheld the decision of a Case Management Judge who struck out portions of a claim for not disclosing a reasonable cause of action. The Court upheld a prohibition on the ability of an individual to bring a...
|Alberta Arbitration Board Rejects Random Drug & Alcohol Testing Policy|
Steven A.A. Dollansky; McLennan Ross LLP;
January 30, 2015, previously published on March 28, 2014An Alberta Arbitration Board has concluded in the Unifor, Local 707A v. Suncor Energy Inc (“Suncor”) policy grievance that Suncor’s random drug & alcohol policy imposed at its oil sands operations is an unreasonable exercise of the employer’s management rights.
|Jurors Hold Philip Morris And RJ Reynolds Accountable for Engaging in 50-Year Conspiracy|
Kenneth S. Byrd; Lieff, Cabraser, Heimann & Bernstein, LLP;
January 29, 2015, previously published on October 22, 2014Attorney Kenneth Byrd of the Nashville office of national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that a jury in federal court in Florida today returned a verdict of $41.1 million against Philip Morris USA Inc. and R.J. Reynolds Tobacco Company for conspiring for...
|Rectification is About Intention - Not Interpretation|
Alison J. Gray; Bennett Jones LLP;
January 29, 2015, previously published on January 20, 2015The Ontario Superior Court of Justice recently granted rectification in a case in which the CRA and the taxpayer differed in their interpretation and effect of a particular document. In Kaleidescape Canada Inc et al v Computershare Trust Company of Canada et al, 2014 ONSC 4983, the Court was asked...
|Provincial Court Expected to Increase Financial Limits|
Jessica Proudfoot; McLennan Ross LLP;
January 29, 2015, previously published on June 24, 2014It is anticipated that the financial limit in Provincial Court will increase from $25,000 to $50,000 on August 1, 2014.
|Not All Supervisor Misconduct Violates Public Policy Sufficiently to Support Whistleblowing Claims|
Mitchell Boomer, Stephanie T. Yang; Jackson Lewis P.C.;
January 29, 2015, previously published on December 8, 2014On December 1, 2014, in Ferrick v. Santa Clara University (H040252), the California Court of Appeal rejected a university employee's attempt to support her wrongful termination claim with allegations of embezzlement, tax evasion, or other alleged improprieties in public financing and real estate...
|Ontario Court of Appeal Rules on Limitation Periods for Securities Class Actions|
Clarissa S. Ballesteros, Graham McLennan; McLennan Ross LLP;
January 29, 2015, previously published on February 7, 2014On February 3, 2014, the Ontario Court of Appeal released Green v. CIBC, which overruled the Court’s previous decision in Sharma v. Timminco Ltd. As determined in Green v. CIBC, a statutory misrepresentation claim is brought within time so long as the action is commenced within the time...