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HTMLAttorney Whose Conduct Causes an Employee to be Terminated, While Representing both the Employee and the Employer, May be Sued for Malpractice
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
November 11, 2013, previously published on November 8, 2013
A California court of appeal recently ruled that an employee could sue an employer’s attorney for malpractice. The employee’s termination was caused by the actions of the attorney who represented the employer, but who had also advised the employee that he was representing him as well....


HTMLTwo Recent Decisions Threaten to Erode Protections for Employers Against Negligent Hiring, Training and Retention Claims
John A. Watt; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
November 8, 2013, previously published on October 30, 2013
In McHaffie v. Bunch, 891 S.W.2d 822, 824 (Mo. banc 1995), the Missouri Supreme Court held that once an employer has admitted to respondeat superior liability for an employee driver’s negligence, it is improper to allow a plaintiff to proceed against the employer on any other theory of...


HTMLB.C. Court Requires Bus Drivers to be Attentive to Passengers’ Physical Limitations
Borden Ladner Gervais LLP;
Legal Alert/Article
November 8, 2013, previously published on November 6, 2013
On August 31st, 2009, the plaintiff Ms. Wong, 81 years old, and her 92 year old husband boarded a Vancouver city bus through the rear doors. Ms. Wong was an experienced rider of the Vancouver bus system and held an annual bus pass. She helped her husband to his seat, and then walked towards the...


HTMLNote Provision Accelerating Debt Upon Bankruptcy Filing Was Not Invalid Ipso Facto Clause
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
Legal Alert/Article
November 7, 2013, previously published on Fall 2013
An ipso facto clause is a provision in a contract or other written instrument which eliminates or limits the property or contract rights of a party upon its insolvency or filing of bankruptcy. See 11 U.S.C. §§363(l), 365(b)(2), 541(c)(1)(B).


HTMLNew Third Circuit Case Scrutinizes Return to Work Agreements Imposed On Alcoholics and Addicts
Jed L. Marcus; Bressler, Amery & Ross A Professional Corporation;
Legal Alert/Article
November 7, 2013, previously published on November 1, 2013
In an interesting decision issued on October 30, 2013, the Third Circuit Court of Appeals upheld a district court’s finding that an employer did not violate either the American with Disabilities Act ("ADA") or the Family Medical Leave Act ("FMLA") when it fired a driver...


HTMLMaritime Liens: Unique and Powerful
W. Brett Mason, Saul R. Newsome; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
November 6, 2013, previously published on November 4, 2013
Businesses and individuals that supply goods and services to vessels may benefit from unique liens which arise to secure payment. Recognizing how and when maritime liens are created and what can be done to enforce them can result in recovery of revenue which might otherwise be hard to collect....


HTMLNontank Vessel Response Plan Final Rule—Finally
Jeanne M. Grasso, Dana S. Merkel, Patricia M. O'Neill, Jonathan K. Waldron; Blank Rome LLP;
Legal Alert/Article
November 4, 2013, previously published on October 2013
The U.S. Coast Guard issued its long-awaited Final Rule addressing nontank vessel response plans ("NTVRP") on September 30, 2013. The Final Rule is effective October 30, 2013, and requires owners and operators of nontank vessels to prepare and submit NTVRPs by January 30, 2014. The Final...


HTMLWireless Infrastructure Opportunities in Transit Rail
Shulman Rogers Gandal Pordy Ecker P.A.;
Legal Alert/Article
November 1, 2013, previously published on October 29, 2013
Transit rail operators are increasingly interested in wireless infrastructure. Their ridership has come to demand the almost ubiquitous wireless coverage that they are used to in metropolitan areas and along major roadways. For underground transit rail lines, communications facilities have become a...


HTMLAnother Way the Rails Can Help the Infrastructure Industry...
Shulman Rogers Gandal Pordy Ecker P.A.;
Legal Alert/Article
November 1, 2013, previously published on October 29, 2013
The FCC is seeking comments on a proposed Program Comment to govern the review of PTC wayside facilities construction under Section 106 of the National Historic Preservation Act (“NHPA”). The ideas under consideration for the potential Program Comment are described in a Section 106...


HTMLExpanded Department of Transportation Buy America Requirements Will Apply to Utility Providers
Dentons Canada LLP;
Legal Alert/Article
October 24, 2013, previously published on October 24, 2013
Effective January 1, 2014, changes in the US Federal Highway Administration (FHWA) Buy America rules implemented by 'The Moving Ahead for Progress in the 21st Century Act' (MAP-21) will require utility providers to certify that the materials used in utility relocations comply with Buy America, even...


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