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|Attorney 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;
November 11, 2013, previously published on November 8, 2013A 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....
|Two 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.;
November 8, 2013, previously published on October 30, 2013In 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...
|B.C. Court Requires Bus Drivers to be Attentive to Passengers’ Physical Limitations|
Borden Ladner Gervais LLP;
November 8, 2013, previously published on November 6, 2013On 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...
|Note 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;
November 7, 2013, previously published on Fall 2013An 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).
|New Third Circuit Case Scrutinizes Return to Work Agreements Imposed On Alcoholics and Addicts|
Jed L. Marcus; Bressler, Amery & Ross A Professional Corporation;
November 7, 2013, previously published on November 1, 2013In 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...
|Maritime Liens: Unique and Powerful|
W. Brett Mason, Saul R. Newsome; Breazeale, Sachse & Wilson, L.L.P.;
November 6, 2013, previously published on November 4, 2013Businesses 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....
|Nontank Vessel Response Plan Final Rule—Finally|
Jeanne M. Grasso, Dana S. Merkel, Patricia M. O'Neill, Jonathan K. Waldron; Blank Rome LLP;
November 4, 2013, previously published on October 2013The 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...
|Wireless Infrastructure Opportunities in Transit Rail|
Shulman Rogers Gandal Pordy Ecker P.A.;
November 1, 2013, previously published on October 29, 2013Transit 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...
|Another Way the Rails Can Help the Infrastructure Industry...|
Shulman Rogers Gandal Pordy Ecker P.A.;
November 1, 2013, previously published on October 29, 2013The 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...
|Expanded Department of Transportation Buy America Requirements Will Apply to Utility Providers|
Dentons Canada LLP;
October 24, 2013, previously published on October 24, 2013Effective 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...