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HTMLBuyers’ Order and Retail Installment Sales Contract Evidence Entirety of Contract
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
July 31, 2015, previously published on July 2015
On April 24, 2010, Willie Mae Ford and Rashad Earle Beale, (“Buyers”) purchased a vehicle from Antwerpen Motorcars Ltd. (“Antwerpen”). Shortly after the purchase, the Buyers discovered that Antwerpen failed to disclose the vehicle’s history, including its involvement...

 

HTMLInsurer Not Required to Defend Insured Against Allegations of Direct and Vicarious Liability Arising from Alleged Kidnapping Scheme by Insured and its Agents
Caroline E. Willsey; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 31, 2015, previously published on July 2015
In Liberty University, Inc. v. Citizens Insurance Company of America, et al., No. 14-2254, (U.S. Court of Appeals for the Fourth Circuit, July 10, 2015), the U.S. Court of Appeals for the Fourth Circuit considered whether the U.S. District Court for the Western District of Virginia erred in ruling...

 

Adobe PDFNorth Dakota Supreme Court — Ownership of Minerals Under Land Deeded to Railroads by Private Landowners
Lynne J. Boomgaarden, John R. Lee, John W. Morrison; Crowley Fleck PLLP;
Legal Alert/Article
July 30, 2015, previously published on July 17, 2015
In a recently decided case—EOG Resources, Inc. v. Soo Line R.R. Co., 2015 ND 187—a divided North Dakota Supreme Court held that a series of deeds from fee owners to a railroad, all titled “Warranty Deed—Right of Way,” unambiguously conveyed fee interests to the...

 

HTMLFlorida Legislative Leaders Call Special Session to Redraw Congressional Districts
Colodny Fass P.A.;
Legal Alert/Article
July 30, 2015, previously published on July 20, 2015
In a joint proclamation issued today, July 20, 2015, Florida legislative leaders called a 12-day Special Session beginning August 10, 2015 and ending August 21 for the sole purpose of amending Florida's Congressional Districts 5, 13, 14, 21, 22, 25, 26 and 27 to conform to changes prescribed by the...

 

HTMLEnforcement of Foreign Judgments in the Cayman Islands
Loeb Smith;
Legal Alert/Article
July 29, 2015, previously published on Summer 2015
The Foreign Judgments Reciprocal Enforcement Law (1996 Revision) (the “Law”) allows a judgment creditor to apply for the judgment to be registered in the Grand Court and thereafter is deemed to have the same force and effect as Judgment of the Grand Court. However, at present the Law...

 

HTMLThe Importance of Venue in Litigation
Brad Keller; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 28, 2015, previously published on Summer 2015
While venue may not be one of the most exciting legal topics to discuss, its importance on litigation cannot be overstated. Venue can influence a case throughout all stages of litigation in many ways and can have a significant impact on the value of a case.

 

Adobe PDFRedraft Choice of Law Clauses to Avoid Unpleasant Surprises
Angela Swan; Aird & Berlis LLP;
Legal Alert/Article
July 23, 2015, previously published on July 2015
A recent decision of the Ontario Superior Court of Justice, Trillium Motor World Ltd. v. General Motors of Canada Limited, 2015 ONSC 3824, illustrates the danger that unusual and even common choice of law clauses can create. It may be advisable to consider re-drafting such clauses.

 

HTMLPersonal Injury Medical Malpractice Caps Held Unconstitutional
Julie A. Tyk; GrayRobinson, P.A.;
Legal Alert/Article
July 22, 2015, previously published on July 22, 2015
On July 1, 2015, the Fourth District Court of Appeals (Fourth DCA) issued a major decision affecting medical malpractice cases in Florida. In the case North Broward Hospital District v. Kalitan, the court held that the caps on non-economic damages in personal injury medical malpractice cases were...

 

HTMLMerkens v. Federal
Eileen Dennis GilBride; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
July 16, 2015, previously published on May 21, 2015
Injured Worker Who Failed To Challenge Termination Of Workers’ Comp Benefits In Industrial Commission Cannot Bring Bad Faith Claim

 

HTMLState v. Bernstein
Eileen Dennis GilBride; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
July 16, 2015, previously published on April 23, 2015
Eleven defendants charged with aggravated driving under the influence had their blood tested by the Scottsdale Crime Laboratory. Defendants moved to exclude the evidence of their blood alcohol (BAC) results under Rule 702, arguing that the instrument used to measure BAC had unresolved flaws that...

 


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