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|Let’s Do the Time Warp Again!|
James A. Climer; Mazanec, Raskin & Ryder Co., L.P.A.;
May 18, 2013, previously published on May 9, 2013In the U.S., local governments and their employees are frequently protected from legal liability by various forms of immunity under state and/or federal law. To some, immunity unfairly shuts the courthouse door to legitimate plaintiffs. However, governments perform a number of unique functions...
|Plaintiffs Were Unable To Prove Race And Age Discrimination Against The Mayor & City Council of Baltimore|
Kevin M. Cox; Semmes, Bowen & Semmes A Professional Corporation;
May 17, 2013, previously published on May 2013Glenwood Thomas, Eric Banks, and Lanny Boddy (“Plaintiffs”) filed a lawsuit against the City of Baltimore (“City”), claiming racial and age discrimination. They alleged their positions were eliminated in the Department of Public Works (“DPW”) and new, similar...
|eDiscovery: The View From Singapore|
Pooja S. Nair; Foley & Lardner LLP;
May 8, 2013, previously published on May 6, 2013The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration.
|Who’s a Government Subcontractor Now?|
Barbara A. Duncombe, Joshua D. Prentice; Taft Stettinius & Hollister LLP;
April 30, 2013, previously published on April 23, 2013Much has been written lately about the U.S. District Court for the District of Columbia ruling in UPMC Braddock v. Harris where three hospitals providing medical services to an HMO with a prime contract with the United States government are, in fact, considered “subcontractors”. The...
|U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case|
Mark Theodore; Proskauer Rose LLP;
April 30, 2013, previously published on April 26, 2013As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page document NLRB v. Noel Canning, A Div. of Noel Corp., Cert Petition (April...
|U.S. District Court Says BLM Must Address Environmental Impacts of Fracking|
Fernando Avila, Lucas I. Quass; Best Best & Krieger LLP;
April 25, 2013, previously published on April 24, 2013In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by improperly issuing four oil and gas leases in Monterey and...
|Recent Alberta Court of Queen's Bench Decision Finds that Grievance Process Communications are Privileged|
Michael Wall; Field Law;
April 19, 2013, previously published on April 16, 2013A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties. Accordingly, Arbitrators have long held that communications exchanged in the grievance process are privileged and, subject to narrow exceptions, not producible in...
|The TIA and REMIC Securitizations: One Year After Policemen’s Annuity|
Alston Bird LLP;
April 6, 2013, previously published on April 4, 2013In April 2012, U.S. District Court Judge William Pauley concluded that mortgage-backed pass-through certificates issued pursuant to pooling and servicing agreements (“Certificates”) are “debt securities, not equity,” in a groundbreaking decision in Retirement Board of the...
|Keeping Your Students Safe From Child Abductions|
Celia M. Joseph; Fisher & Phillips LLP;
April 6, 2013, previously published on April 1, 2013A loud, beeping Amber Alert and accompanying visual banner filled the homes and screens of area television viewers on the evening of January 14, 2013, announcing the abduction of a five-year-old student from a Philadelphia elementary public school at 8:50 a.m. that morning.
|Federal Circuit Rejects One Wetlands and Regulatory Claim and Supports Another|
Stanley A. Millan; Jones Walker LLP;
April 3, 2013, previously published on March 28, 2013The Federal Circuit in Mehaffy v. United States, 12 WL 6097768 (Fed. Cir. 2012), recently affirmed the Court of Federal Claims decision rejecting a regulatory taking case filed by Mike Mehaffy. In a subsequent case, infra, the Federal Circuit did the opposite.