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HTMLHawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out of Kauai, Hawaii shed light on the fate of these regulations at the county...

 

HTMLShafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...

 

HTMLThe Food Fight Continues: Vermont AG Seeks to Dismiss Lawsuit Against GMO Labeling Law
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
In June, we reported on a suit brought by the Grocery Manufacturers Association (“GMA”) seeking to rescind Vermont’s new GMO-labeling statute, Act 120. As we explained in that post, the GMA argues that Act 120 is doubly unconstitutional: not only does the law violate the Commerce...

 

HTMLThe Supreme Court Rules on the Employer’s Obligations When an Employee Gives Notice of Termination
Anna Jankowska; McCarthy Tétrault LLP;
Legal Alert/Article
September 1, 2014, previously published on August 14, 2014
On July 25, 2014, the Supreme Court of Canada overturned the judgment of the Quebec Court of Appeal in Asphalte Desjardins Inc. and Commission des normes du travail (Commission). In this case, the employee in question had been working for his employer since 1994. On Friday, February 15, 2008, he...

 

HTMLFailure to Follow Investigative and Claims Handling Standards in Insurer’s Own Manual, Adjuster’s Failure to Consult with Others and Go beyond Her Own Conclusions, and Failure to Conduct IME Defeat Motion to Deny Bad Faith Claim (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 20, 2014
Mineo v. Geico involved a UIM claim. The insured was a Vietnam War Veteran who had suffered significant combat injuries during the War. Years later he was in a motor vehicle accident and suffered a shoulder injury. After the accident, there was some record that he suffered a further shoulder...

 

HTMLEleventh Circuit Rejects Constitutional Challenge to Statute Requiring Medicare Rate Compensation for Services
F. Ryan Waters; GrayRobinson, P.A.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
On August 14, 2014, a three judge panel for the Eleventh Circuit Court of Appeals upheld a district court's dismissal of a small, rural hospital's challenge of a federal law requiring hospitals to accept the Medicare rate as compensation when treating federal detainees.

 

HTMLSJC Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation
Stefanie Giuliano Abhar, Laurence A. Schoen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages relating to “yet-to-be conceived future products.” In...

 

HTMLCourt Denies Insurers Motions to Preclude Expert Testimony, Bifurcate the Trial and for Summary Judgment Where Insurer Required 3 IMES which Reached Inconsistent Results (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 15, 2014
In Monaghan v. Travelers Prop. Cas. Co. of Am., the Court, in three separate opinions, addressed the issues of the adequate burden of proof in bad faith claims, admissibility of expert testimony, and proper bifurcation of trial. The Court found that the pleading standards were met, that expert...

 

HTMLNew Rules in New York Mean Speedy Trials for Commercial Disputes (But at a Price)
William J. Hine, Sevan Ogulluk; Jones Day;
Legal Alert/Article
September 1, 2014, previously published on August 2014
The Commercial Division of the Supreme Court of New York State is the branch of the state's trial court system that adjudicates a large variety of commercial disputes. In 2012, a "Task Force on Commercial Litigation" recommended changes to the Commercial Division rules to better serve the...

 

HTMLInsurance Industry Sweeps Retained Asset Account Doubleheader
Frederick R. Bellamy, Thomas R. Bundy, Nicholas T. Christakos, Thomas W. Curvin, Ellen M. Dunn; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13¿2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator, properly discharges its duties under the Employee Retirement Income...

 


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