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|The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2014, previously published on October 16, 2014A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?
|Dram Shop/Liquor Liability in Pennsylvania|
Carol Ann Murphy; Margolis Edelstein;
October 22, 2014, previously published on September 2014The Pennsylvania Liquor Code, Section 4-493(1) provides the basis for imposing liability for negligent service of alcohol by liquor licensees.
|West Virginia Supreme Court Finds that Coverage Opinions and Seminars Materials Prepared by Outside Counsel are Protected by Attorney Client Privilege.|
Aaron C. Boone, Thomas M. Hancock, Ronda L. Harvey, Evan R. Kime, Stuart A. McMillan; Bowles Rice LLP;
October 22, 2014, previously published on June 5, 2014In SER Montpelier v. Bloom, et al., No. 13-1172, (W.Va., April 10, 2014), the Supreme Court of Appeals of West Virginia addressed third-party disclosure exception to the attorney-client privilege. As discussed more fully below and in the linked Opinion, the Court found that: (1) coverage opinion...
|Frozen-Out Minority Shareholder Still Owed Corporation Fiduciary Duty|
James S. Singer; Rudolph Friedmann LLP;
October 22, 2014, previously published on October 21, 2014Massachusetts law is clear: both majority and minority shareholders of a closely-held corporation owe each other (as well as to the corporation) a fiduciary duty-a duty of utmost good faith and loyalty. In 1975, the Massachusetts Supreme Judicial Court held in the leading case of Donahue v. Rodd...
|A Plaintiff May Claim Medical Bill Discounts and Write-Offs as Part of His/Her Damages in West Virginia|
Jared M. Adams, Aaron C. Boone, Joseph L. Caltrider, Dana Daughetee Fohl, Evan R. Kime; Bowles Rice LLP;
October 22, 2014, previously published on June 5, 2014A West Virginia personal injury plaintiff may claim the full amount of his/her medical bills as damages, regardless of whether the medical providers have discounted or written off portions of those bills as part of health insurance payments.
|M&A Update: Chancery Court Orders Financial Advisor to Pay Millions in Damages For Aiding and Abetting Breach of Fiduciary Duty|
Gregory A. Markel, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
October 22, 2014, previously published on October 13, 2014On October 10, 2014, Vice Chancellor Travis Laster ruled that RBC Capital was liable to the former stockholders of Rural/Metro Corporation for $75.8 million - representing 83% of the total damages - for aiding and abetting breaches of the duty of care by Rural/Metro’s board in connection with...
|Same-Sex Marriage Recognized in West Virginia - How Will This Impact Employer-Sponsored Health Plans?|
Jill E. Hall; Bowles Rice LLP;
October 22, 2014Today, the Attorney General and Governor of the State of West Virginia announced that West Virginia will no longer prohibit same-sex marriage, implementing a ruling of the United States Court of Appeals for the Fourth Circuit (the federal appeals court that encompasses West Virginia, Virginia,...
|Third Circuit Holds That Envelope Revealing Consumer’s Account Number Violates the FDCPA|
Edward W. Chang, Francis X. Crowley, Kevin C. Rakowski, Wayne Streibich; Blank Rome LLP;
October 22, 2014, previously published on October 2014The Third Circuit Court of Appeals recently held that an envelope revealing a consumer’s account number through a clear plastic window constitutes a violation of the Fair Debt Collection Practices Act (“FDCPA”). In doing so, the Third Circuit reversed the District Court of the...
|Court Of Chancery Allocates Fault In Breach Of Loyalty Case|
Edward M. McNally; Morris James LLP;
October 22, 2014, previously published on October 14, 2014In a precedent-setting opinion, the Court of Chancery has allocated damages among some directors and one of their advisers in a breach of fiduciary duty case. This decision has big implications on how breach of duty cases are tried in the Court of Chancery.
|Premises Liability - Defense Perspective|
Carol Ann Murphy; Margolis Edelstein;
October 22, 2014, previously published on September 2014In evaluating a case from a defense perspective one must review several issues in determining whether the potential for liability exists.