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|Personal Jurisdiction In USA Exists Over Offshore Company For Injury Off Russian Coast|
Sutherland Asbill Brennan LLP;
September 30, 2014, previously published on September 26, 2014Following injuries sustained while working on a vessel off the coast of Russia, a U.S. worker brought suit against multiple entities involved in the operation claiming, among other things, that they provided faulty and unsafe equipment and that they failed to provide a safe workplace. The U.S....
|Texas Coop Files Suit Over Interpretation of Purchase Agreement|
Sutherland Asbill Brennan LLP;
September 30, 2014, previously published on September 26, 2014Brazos Electric Power Cooperative, Inc. filed suit against San Miguel Electric Cooperative, Inc. in Texas federal court on Thursday seeking interpretation of a power purchase agreement between the parties. Under the agreement, Brazos purchases electricity from San Miguel’s 400-megawatt...
|Frey v. EPA: Seventh Circuit Clarifies When Citizens Can Challenge Remediation|
Michele Richey; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 25, 2014In Frey v. EPA, 751 F.3d 461 (7th Cir. 2014) (“Frey III”), the Seventh Circuit ruled in favor of the Environmental Protection Agency (“EPA”) in a dispute concerning the sufficiency of a remedial clean-up plan for polychlorinated biphenyl (“PCB”) contaminated...
|Federal Circuit Applies "Searching Review" of Stay Pending CBM Proceeding|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
September 30, 2014, previously published on SeptemberIn Benefit Funding Systems, LLC v. Advance America Cash Advance Centers, Inc., the Federal Circuit upheld the district court’s decision to stay patent infringement litigation while the USPTO Patent Trial and Appeal Board (PTAB) conducts a Covered Business Method (CBM) review of the patent at...
|Partition Suit Decision Could Be Problematic for W.Va. Oil & Gas Operators|
Mark D. Clark, William M. Herlihy; Spilman Thomas & Battle, PLLC;
September 30, 2014, previously published on September 26, 2014Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has been for oil and gas operators attempting to acquire property...
|EEOC Sues Private Employers Claiming Bias Against Transgender Workers|
William H. Andrews; GrayRobinson, P.A.;
September 30, 2014, previously published on September 29, 2014For the first time, the U.S. Equal Employment Opportunity Commission has filed landmark lawsuits on September 25, 2014 against a funeral home in Michigan and a medical clinic in Florida. These lawsuits mark the first time the EEOC has sued under Title VII of the Civil Rights Act of 1964 accusing a...
|Wisconsin Supreme Court 2013-2014 Term Summary Part 3: Recap of Cases Affecting Wisconsin Businesses|
Philip C. Babler; Foley & Lardner LLP;
September 30, 2014, previously published on September 25, 2014This post provides in a nutshell what businesses need to know about the cases from last year’s term of the Wisconsin Supreme Court.
|Indiana Challenges EPA Carbon Rules|
Jeffrey D. Stemerick; Taft Stettinius & Hollister LLP;
September 30, 2014, previously published on September 17, 2014Indiana and 11 other states have launched a preemptive strike on the EPA’s proposed Clean Power Plan. The EPA proposed the Clean Power Plan on June 18, 2014, as part of a trio of proposed rules to limited carbon emissions from power plants. See 79 Fed. Reg. 34,830. The EPA’s Clean Power...
|Myriad Set for Another Round|
Antoinette F. Konski; Foley & Lardner LLP;
September 30, 2014, previously published on September 29, 2014On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. In the words of Myriad...
|Supreme Court’s Halliburton Ruling May Be A Curse in Disguise for Securities Defendants|
Gregory P. Graham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 30, 2014, previously published on September 1, 2014On June 23, 2014, the U.S. Supreme Court issued its anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S.Ct. 2398 (2014). Although pre-decision discussion speculated that the case might become the most important securities decision in years, the Court ultimately chose a...