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HTMLSupreme Court Rules Cell Phone Searches Violate Privacy Rights
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
Legal Alert/Article
July 29, 2014, previously published on July 14, 2014
The United States Supreme Court ruled recently that cell phones including smartphones cannot generally be searched without a warrant on an arrest by police. The unanimous decision written by Chief Justice John Roberts resolves an issue which had divided lower courts since the advent of the digital...

 

HTMLOnly When a Permit is Required: The Supreme Court Caps the EPA’s Authority to Regulate Greenhouse Gas Emissions from Stationary Sources
Matthew Klinger; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 28, 2014, previously published on July 21, 2014
On June 23, 2014, the United States Supreme Court held that the Environmental Protection Agency (EPA) overstepped its authority under the Clean Air Act when it attempted to regulate greenhouse gas emissions from stationary sources not already subject to a permit controlling emissions of more...

 

HTMLOhio Supreme Court Accepts Dormant Mineral Act Case
Babst Calland;
Legal Alert/Article
July 28, 2014, previously published on July 25, 2014
The Ohio Supreme Court will review a key question of state law concerning application of the Dormant Mineral Act (“DMA”). In Corban v. Chesapeake Exploration, LLC, the United States District Court for the Southern District of Ohio certified the following questions to the Ohio Supreme...

 

HTMLEleventh Circuit Holds Only a Cell Phone Subscriber and Not the “Intended Recipient,” May Provide “Prior Express Consent” for TCPA Claims
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 28, 2014, previously published on July 22, 2014
In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...

 

HTMLIowa Supreme Court Decision Boosts Renewable Energy Development
Jason W. Allen, John T. Dunlap; Foley & Lardner LLP;
Legal Alert/Article
July 23, 2014, previously published on July 19, 2014
A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision), determining that a third-party power purchase agreement for behind-the-meter...

 

HTMLSupreme Court Rules on Major Greenhouse Gas Regulation
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
July 23, 2014, previously published on July 17, 2014
The Supreme Court rejected EPA's approach to regulating greenhouse gases (GHGs) for smaller sources. At the same time, though, it gave EPA what it really wanted - the authority to regulate the GHGs emitted by sources already deemed "major."

 

HTMLThe Supreme Court of Canada's Decision in Tsilhqot'in Nation v. British Columbia: Implications for the Application of the Forest Act in BC
Erin Hunter, Garry E.P. Mancell, Jeff Waatainen; Davis LLP;
Legal Alert/Article
July 23, 2014, previously published on July 4, 2014
On June 26, 2014, the Supreme Court of Canada rendered its unanimous decision on Tsilhqot’in Nation v. British Columbia (the “Tsilhqot’in Nation Decision”). In its reasons, the Court made a declaration of Aboriginal title over certain lands within the Tsilhqot’in...

 

HTMLCommonwealth Court Issues Decision On Remaining Issues In Act 13 Case
Babst Calland;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
In its far-reaching decision in Robinson v. Commonwealth, which was issued on December 19, 2013, the Pennsylvania Supreme Court invalidated several critical provisions of Act 13. Additionally, the Supreme Court remanded to the Commonwealth Court to address whether the remaining sections of Act 13...

 

HTMLToo much of a “Good Thing”? Exclusivity and Enforcement in Licensing Agreements
Elder C. Marques; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 11, 2014
Exclusive product or manufacturing licenses allow retailers to leverage a partnering business’s strengths, such as a strong brand name, loyal customer base, or state-of-the-art operations and supply chain management. With these benefits, retailers might be tempted to find multiple strategic...

 

HTMLNew York Court Strikes Blow Against Fracking
E. Christopher Murray; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
July 18, 2014, previously published on July 2014
This week the New York State Court of Appeals upheld the right of municipalities to ban hydraulic fracturing for natural gas within their borders. In Norce Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corporation v. Town of Middlefield, the Court of Appeals held that towns and other...

 


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