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|Shipping Contracts: Interpreting the Terms|
Jacy A. J. Whittaker; Parris Whittaker;
June 18, 2015, previously published by www.ParrisWhittaker.com on June 17, 2015The Supreme Court in the UK has recently considered a case which demonstrates the complexities that can arise from the interpretation of a contract. The judges examined the extent to which parties have the contractual power to form an opinion, and affirmed the need for decisions by contractual...
|Denton, Texas Bans Fracking - What's Next?|
Patricia M. Rosendahl; Greenberg Traurig, LLP;
February 17, 2015, previously published on January 12, 2015Bans on hydraulic fracturing (fracking) have arisen in a variety of places over recent months. Voters in Mendocino County and San Benito County, California, and Athens, Ohio, separately approved bans on fracking in the November elections. The New York State Governor and his Commissioners of Health...
|The NLRB's New Election Rules: Quickie Elections and 'The Mount Everest of Regulations' to Trap Employers|
Howard L. Mocerf; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 19, 2014On Dec. 15, 2014, the new, final National Labor Relations Board (NLRB) union election rules were published in the Federal Register. The NLRB adopted the new rules by a 3-2 vote with the two Republican NLRB members dissenting. Not surprisingly, the final rules are substantially the same as those...
|Michigan Federal Court Grants Summary Judgment To Company That Inspected Pipeline Before Rupture|
Sutherland Asbill Brennan LLP;
November 2, 2014, previously published on October 14, 2014The U.S. District Court for the Western District of Michigan granted summary judgment to the company that conducted inspections of an oil pipeline in 2005 that later ruptured in 2010 on claims brought by a property owner. Specifically, the property owner alleged that the inspecting company was...
|Premises Liability - Defense Perspective|
Carol Ann Murphy; Margolis Edelstein;
October 22, 2014, previously published on September 2014In evaluating a case from a defense perspective one must review several issues in determining whether the potential for liability exists.
|Federal Court Overturns Prothonotary’s Order Striking Paragraphs from Defence|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
October 21, 2014, previously published on October 07, 2014This was a motion appealing the order of a prothonotary in the context of a patent infringement case. In the order appealed from, the Prothonotary granted the Plaintiffs’ motion and struck a number of paragraphs (and portions thereof) from the Defendants’ Amended Statement of Defence...
|PG&E Penalized $1.4 Billion For Violations|
Katie Nealon; Brayton Purcell LLP;
October 19, 2014, previously published on September 16, 2014Earlier this month, PG&E was penalized $1.4 billion by the California Public Utilities Commission in relation to the 2010 gas pipeline explosion in San Bruno, CA. The company was found to have violated nearly 3,800 state and federal laws. The fine is meant to "send a strong message to PG&E,...
|Zoning Hearing Board Erred When It Denied Application for Natural Gas Compressor Station|
Alana E. Fortna; Babst Calland;
October 19, 2014, previously published on October 10, 2014On September 26, 2014, the Commonwealth Court of Pennsylvania issued an opinion in favor of MarkWest Liberty Midstream & Resources, LLC. MarkWest had purchased a 71.5 acre parcel of undeveloped land in Cecil Township, Pennsylvania, and had applied to the township’s zoning hearing board...
|Fourth Circuit Affirms Maryland District Court’s Ruling That Absence of Privilege Log Constitutes Waiver and Permits Chevron to View Documents from Ecuadorian Action|
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
October 9, 2014, previously published on September 2014In Chevron Corporation v. Aaron Page, the United States Court of Appeals for the Fourth Circuit was asked to decide on the consolidated appeals stemming from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron sought discovery in several American courts to...
|Shale Gas Update|
Danielle Beggs, Sam Boileau, Adam Brown, Jeremy Cape, Humphrey Douglas; Dentons Canada LLP;
September 17, 2014, previously published on September 4, 2014In the second of our Shale Updates following the publication of the Government's criteria for the 14th Round of Petroleum Exploration Development Licences (PEDLs), we look at the likely impact of the new planning guidance and Infrastructure Bill proposals for automatic subterranean rights. Whilst...