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HTMLThe Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 16, 2014
A 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?

 

Adobe PDFDram Shop/Liquor Liability in Pennsylvania
Carol Ann Murphy; Margolis Edelstein;
Legal Alert/Article
October 22, 2014, previously published on September 2014
The Pennsylvania Liquor Code, Section 4-493(1) provides the basis for imposing liability for negligent service of alcohol by liquor licensees.

 

HTMLWest 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;
Legal Alert/Article
October 22, 2014, previously published on June 5, 2014
In 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...

 

HTMLFrozen-Out Minority Shareholder Still Owed Corporation Fiduciary Duty
James S. Singer; Rudolph Friedmann LLP;
Legal Alert/Article
October 22, 2014, previously published on October 21, 2014
Massachusetts 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...

 

HTMLA 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;
Legal Alert/Article
October 22, 2014, previously published on June 5, 2014
A 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.

 

HTMLM&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;
Legal Alert/Article
October 22, 2014, previously published on October 13, 2014
On 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...

 

HTMLSame-Sex Marriage Recognized in West Virginia - How Will This Impact Employer-Sponsored Health Plans?
Jill E. Hall; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014
Today, 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,...

 

HTMLThird 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;
Legal Alert/Article
October 22, 2014, previously published on October 2014
The 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...

 

HTMLCourt Of Chancery Allocates Fault In Breach Of Loyalty Case
Edward M. McNally; Morris James LLP;
Legal Alert/Article
October 22, 2014, previously published on October 14, 2014
In 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.

 

Adobe PDFPremises Liability - Defense Perspective
Carol Ann Murphy; Margolis Edelstein;
Legal Alert/Article
October 22, 2014, previously published on September 2014
In evaluating a case from a defense perspective one must review several issues in determining whether the potential for liability exists.

 


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