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HTMLDesecration of Unmarked Graves is Not Prima Facie Negligence for Desecration of Marked Graves
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 18, 2014, previously published on October 2014
In 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...

 

Adobe PDFSupreme Court of Canada Recognizes a New Common Law Duty of Good Faith
Angela Swan; Aird & Berlis LLP;
Legal Alert/Article
December 18, 2014, previously published on November 2014
The 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...

 

HTMLMaryland 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;
Legal Alert/Article
December 18, 2014, previously published on October 2014
In 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...

 

HTMLShipping and Maritime: Costs following Hijacking of Vessels
Kenra Parris-Whittaker; Parris Whittaker;
Legal Alert/Article
December 18, 2014, previously published by ParrisWhittaker
The 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.

 

Adobe PDFCourt 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;
Legal Alert/Article
December 18, 2014, previously published on November 12, 2014
Liability 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...

 

Adobe PDFLee 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;
Legal Alert/Article
December 18, 2014, previously published on November 17, 2014
In 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...

 

HTMLThe 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;
Legal Alert/Article
December 17, 2014, previously published on November 14, 2014
A 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.

 

HTMLNew 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;
Legal Alert/Article
December 17, 2014, previously published on December 10, 2014
In 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...

 

HTMLNew Jersey Supreme Court Clarifies Narrow Scope of Adverse Inference Standard for Missing Expert Witness
Frederick E. Blakelock; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
December 17, 2014, previously published on December 3, 2014
Most 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....

 

HTMLPennsylvania Superior Court Emphasizes Significance Of Title Searches In Trespass Action
Babst Calland;
Legal Alert/Article
December 17, 2014, previously published on December 4, 2014
The 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....

 


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