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HTMLNot so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence
Matthew A. Barley; Butler Snow LLP;
Legal Alert/Article
February 26, 2015, previously published on February 16, 2015
Not so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence In Wackenhut Corp. v. Gutierrez, 2015 Tex. LEXIS 112, 58 Tex. Sup. Ct. J. 289 (Tex. 2015), the Texas Supreme Court reversed the jury verdict against Wackenhut because a spoliation instruction was...

 

HTMLMaryland Federal District Court Lacks Subject Matter Jurisdiction to Hear Life Insurance Case Where Plaintiffs Did not Sustain any Injuries Within the Meaning of Article III
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Jeffrey Higdon, As Trustee Of The Life Insurance Trust Dated November 1, 1991 v. Lincoln National Insurance Co. et al., Plaintiff Jeffrey F. Higdon, as Trustee of the John J. Germenko Life Insurance Trust Dated November 1, 1991 (the “Trust”), sought to recover the death benefits of...

 

HTMLCourt of Appeal Clarifies Rules Regarding Contact with Experts
Visnja Jovanovic; Blaney McMurtry LLP;
Legal Alert/Article
February 17, 2015, previously published on January 30, 2015
Yesterday, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s...

 

HTMLNegotiating Admitted Facts in Pretrial Stipulation
Thomas E. Hanson; Morris James LLP;
Legal Alert/Article
February 13, 2015, previously published on January 28, 2015
Determining admitted facts can be one of the more difficult aspects of preparing a pretrial stipulation. Parties often propose factual statements that are advantageous to their position, while resisting facts that may favor their opponents. There is also a tendency to take a cautious approach and...

 

HTMLCosts Consequences: The Case of Hoang v. Vicentini
Thomas Durcan; Blaney McMurtry LLP;
Legal Alert/Article
February 12, 2015, previously published on November 21, 2014
The Ontario Superior Court recently sent a much-welcome message with respect to costs awards in its decision Hoang v. Vicentini. The action involved a six year old pedestrian who was struck by a car, just after being dropped off at a busy intersection by his father. The six year old was seriously...

 

HTMLCourt of Appeal Affirms the Crown's 10 Day Notice Provision
Blaney McMurtry LLP;
Legal Alert/Article
February 11, 2015, previously published on November 21, 2014
The Proceedings Against the Crown Act (“PACA”) requires that 10 days’ notice be provided to the Crown where the action involves occupier’s liability, failing which, the claim is a nullity. Courts have been critical of the 10 day PACA notice and have been loath to apply it.

 

HTMLTenth Circuit Reminds Insurer Cannot Use the Attorney-Client Privilege as Both a Sword and a Shield
Jensen Varghese, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 13, 2015
The Tenth Circuit in Seneca Insurance Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014), affirmed a district court’s decision to allow the discovery and admission into evidence of correspondence between Seneca Insurance Company (Seneca) and its counsel...

 

HTMLPennsylvania Supreme Court to Decide Need for Valuable Consideration in Non-Compete Agreement
Frederick E. Blakelock; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 9, 2014
In what will be a case of first impression, the Pennsylvania Supreme Court has agreed to hear argument on whether Pennsylvania’s Uniform Written Obligations Act (“UWOA”) relieves an employer of its obligation under Pennsylvania common law to provide an existing employee with...

 

HTMLNew Jersey Judges Not Permitted to Speak Ex Parte with Jurors
Frederick E. Blakelock; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 15, 2015
On December 23, 2014, the New Jersey Supreme Court held that New Jersey state court judges are not permitted to speak with jurors after a verdict has been issued, except in very limited circumstances where a showing is made that the jury’s decision may have been tainted by misconduct. The...

 

HTMLThe Season Of Giving: Pennsylvania Supreme Court Finds Bad Faith Claims To Be Assignable
Richard D. Gable; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 20, 2015
Rejecting the holdings of two recent decisions by the Eastern District of Pennsylvania, the Supreme Court of Pennsylvania held in a 5-to-1 ruling that claims under Pennsylvania’s Bad Faith Statute (42 Pa.C.S. § 8371) are assignable to injured third parties. The decision, Allstate Prop....

 


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