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HTMLThe Dilemma of the Unintended Fiduciary
Edward M. McNally; Morris James LLP;
Legal Alert/Article
October 19, 2014, previously published on October 8, 2014
A recent Delaware decision highlights a trap for the unwary adviser to a business entity. The decision holds that helping a business get started may create fiduciary duties owed by the adviser, even if he or she is not acting in one of the roles that are normally thought of as creating such duties,...

 

HTMLZoning Hearing Board Erred When It Denied Application for Natural Gas Compressor Station
Alana E. Fortna; Babst Calland;
Legal Alert/Article
October 19, 2014, previously published on October 10, 2014
On September 26, 2014, the Commonwealth Court of Pennsylvania issued an opinion in favor of MarkWest Liberty Midstream & Resources, LLC. MarkWest had purchased a 71.5 acre parcel of undeveloped land in Cecil Township, Pennsylvania, and had applied to the township’s zoning hearing board...

 

HTMLNot So Fast - Seventh Circuit Rejects Radio Shack’s FACTA Class Action Settlement
Eric E. Hudson; Butler Snow LLP;
Legal Alert/Article
October 17, 2014, previously published on October 8, 2014
In Redman v. RadioShack Corp., 2014 U.S. App. LEXIS 18181 (7th Cir. Sept. 19, 2014), the Seventh Circuit Court of Appeals joined a recent line of cases rejecting proposed class action settlements because the value provided to class members was overshadowed by the fee allocated to plaintiff’s...

 

HTMLHobbs, Inc. v. Charter Oak Fire Ins. Co., FSTCV094015833S, 2014 WL 1876898 (Conn. Super. Ct. Apr. 8, 2014)
Halloran Sage LLP;
Legal Alert/Article
October 16, 2014, previously published on October 10, 2014
In Hobbs, Inc. v. Charter Oak Fire Ins. Co., FSTCV094015833S, 2014 WL 1876898 (Conn. Super. Ct. Apr. 8, 2014) a Stamford Superior Court (Truglia, J.) held as follows: (1) a Certificate of Insurance, by itself, does not convey any rights upon the Certificate holder; (2) an estoppel theory of...

 

Adobe PDFCourt Allows Contracts that Limit an Employee’s Time to Sue
Lawrence C. Weiner; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
October 16, 2014, previously published on October 2014
In a victory for employers, New Jersey’s Appellate Division ruled that an employee is bound by his agreement set forth in his employment application to shorten the two-year statute of limitations applicable to claims against his employer to six months. In Rodriguez v. Raymours Furniture...

 

Adobe PDFThe Impact of the Contracts (Rights of Third Parties) Bill on Employers and Employees
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
October 16, 2014, previously published on October 13, 2014
Do you ever enter into agreements with any union? Do you ever outsource the provision of benefits to employees through a service provider? Do you provide benefits to dependants or associates of your employees? If so then you may need to change some of your agreements

 

HTMLSeventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable time” under Rule 60(c)(1), but subsection (c)(1)...

 

Adobe PDFSupreme Court Holds Health Care Professional Engaged to Provide an Independent Medical Records Review Owes No Duty of Care to Patient.
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
October 15, 2014, previously published on September 24, 2014
In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of care to the patient. Consequently, the doctor cannot be held liable...

 

HTML3 Years Or 18 Months - How Long Is The Redemptive Period?
Wesley M. Plaisance; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Most tax sale purchasers and title attorneys know that tax sale title is subject to redemption within a three (3) year peremptive period from the date of recordation. However, the Louisiana Constitution does contain one exception to this rule. In the City of New Orleans, property that is...

 

HTMLThe Supreme Court Approves a New Tool to Defeat Class Certification in Federal Securities Fraud Cases Brought in the Fifth Circuit - Price Impact Evidence
Brian C. Kimball; Butler Snow LLP;
Legal Alert/Article
October 15, 2014, previously published on October 8, 2014
The Supreme Court decision in Halliburton v. Erica P. John Fund, Inc., 134 S.Ct. 2398 (2014) concerns a federal securities fraud class action. The case was appealed from the Fifth Circuit. In Haliburton, the Supreme Court rejected the Fifth Circuit’s holding that defendants could not present...

 


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