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|Desecration of Unmarked Graves is Not Prima Facie Negligence for Desecration of Marked Graves|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
December 18, 2014, previously published on October 2014In 2004, Equitable Production Company, (“Equitable”) an oil and natural gas prospector, retained the services of General Pipeline Construction, Inc. (“GP”) to construct a pipeline across a land tract of a former coal mining town known as Crystal Block Hollow, WV. Within that...
|Supreme Court of Canada Recognizes a New Common Law Duty of Good Faith|
Angela Swan; Aird & Berlis LLP;
December 18, 2014, previously published on November 2014The decision of the Supreme Court of Canada in Bhasin v. Hrynew illustrates a paradox. In saying that there is now a general organizing principle by which or under which parties to a contract must perform in good faith, the way in which the bulk of contracts are performed will not change. Almost...
|Maryland Federal District Court Grants Plaintiff’s Summary Judgment Motion, Affording Right to Condemn Properties Pursuant to the Natural Gas Act, 15 U.S.C. § 717f(h)|
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
December 18, 2014, previously published on October 2014In Columbia Gas Transmission, the United States District Court for the District of Maryland was asked to decide one (1) of several cases initiated by Plaintiff, Columbia Gas Transmission, LLC (“Columbia Gas”), requesting land necessary for the construction of a natural gas pipeline in...
|Shipping and Maritime: Costs following Hijacking of Vessels|
Kenra Parris-Whittaker; Parris Whittaker;
December 18, 2014, previously published by ParrisWhittakerThe expert maritime and shipping Bahamas lawyers at ParrisWhittaker have years of experience advising and representing shipping clients and cargo interests, including following incidents of piracy.
|Court Wrestles with Issues of Causation and the Associated Burden of Proof in Two-Site CERCLA Actions in Asarco LLC v. Cemex, Inc. --- F.Supp.2d (W.D. Tex. 2014) WL 2112121|
Summer L. Nastich; Morris Polich & Purdy LLP;
December 18, 2014, previously published on November 12, 2014Liability in classic one-site actions under the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), where the facility at which both the release or threatened release of hazardous substances and the incurrence of response costs are one and the same, is pretty...
|Lee v. Pincus: Delaware Chancery Court Declines to Dismiss Fiduciary Duty Claims Against Board for Post-IPO Waiver of Lock-Up Restrictions But Dismisses Aiding and Abetting Claims Against Underwriters for Consenting to the Waiver|
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Mitchell S. Eitel, Brian T. Frawley; Sullivan & Cromwell LLP;
December 18, 2014, previously published on November 17, 2014In an opinion issued on November 14, 2014, the Delaware Court of Chancery (C Bouchard) declined to dismiss breach of fiduciary duty claims against the directors of Zynga Inc. (“Zynga”) for waiving post-IPO lock-up restrictions in a manner that permitted certain stockholders, including...
|The Second Opinion: “Use it or Lose it” — The BCCA Warns Parties to Act Quickly in Response to a Fundamental Breach (or Suffer the Consequences)|
Anthony M.C. Alexander; McCarthy Tétrault LLP;
December 17, 2014, previously published on November 14, 2014A recent ruling of the British Columbia Court of Appeal, A & G Investments Inc. v. 0915630 B.C. Ltd., 2014 BCCA 425, provides a useful primer on the available mechanisms for bringing a contract to an end.
|New York State Court Extends Common Interest Privilege to Merger Talks|
Gregory A. Markel, William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
December 17, 2014, previously published on December 10, 2014In a December 4, 2014 decision, the New York Appellate Court, First Department, held that documents and discussions related to negotiation of a merger could be protected by the common interest privilege. The ruling represents a change in New York law which, unlike Delaware, previously limited the...
|New Jersey Supreme Court Clarifies Narrow Scope of Adverse Inference Standard for Missing Expert Witness|
Frederick E. Blakelock; Butler Pappas Weihmuller Katz Craig LLP;
December 17, 2014, previously published on December 3, 2014Most defense attorneys have been faced with the situation where their expert’s opinion is not as strong as expected, or the circumstances of the case simply limit the amount of favorable “spin” an expert put on dismal facts for the defense, either on liability or damages issues....
|Pennsylvania Superior Court Emphasizes Significance Of Title Searches In Trespass Action|
December 17, 2014, previously published on December 4, 2014The Pennsylvania Superior Court recently ruled that constructive notice of a title defect may toll the running of the statute of limitations and affect damages for an action in trespass and conversion to oil and gas rights in Sabella v. Appalachian Development Corp., et al., Case No. 722 WDA 2013....