Recent Developments in Political Law Regulation
Frederick K. Lowell of Pillsbury Winthrop Shaw Pittman LLP
With the 1998 election season having come to a close, we would like to draw your attention to the following develo.
Second Circuit Clarifies New York Law On Enforcement Of Debt Instruments
Melissa I. Hoffman of Weil, Gotshal & Manges LLP
This article reviews Elliott Associates, L.P. v. Banco de la Nacion and The Republic of Peru whereby the Second Circuit clarified New York Law on enforcement of debt instruments.
Appellate representation
John Wesley Hall, Jr. Law Firm
Even excellent lawyers have clients who get convicted. Then comes the appeal. In the Arkansas state court system.
Whether to Sue or Defend in a State or Federal Court
Robert S. Daggett of Brobeck Phleger & Harrison LLP
Here is a discussion of the variety of factors that should be considered when choosing a forum for a lawsuit.
Precision in Protests Required
Martin J. Ward of Law Office of Stephen J. Leahy
COURT FINDS IMPRECISE PROTEST INVALID Most importers and Customs Brokers know that an importer can contest a Cus.
Special Appellate Panel Hears Oral Arguments in Employment Arbitration Controversy
Dykema Gossett PLLC
A special panel of the Michigan Court of Appeals convened on June 1 to hear oral arguments in a proceeding to resol.
Bankruptcy--Environmental Claim- Dischargeability
William F. Frey of Honigman Miller Schwartz and Cohn LLP
Plaintiff, who had purchased real property from company whose sole officer and 98% shareholder was defendant, sough.
Federal Circuit's En Banc Cybor Decision
Carl G. Love of Pillsbury Winthrop Shaw Pittman LLP
On March 25, 1998, in an extraordinary ruling, an en banc decision by the Federal Circuit was issued. Cybor Corp. .
Review of Credibility Decisions by the Full Commission
Bruce A. Hamilton of Teague, Campbell, Dennis & Gorham, L.L.P.
In Adams v. AVX Corporation, ________ N.C. ________, ________ S.E. 2d ________, 1998 WL 646487 (N.C. 1998)(151 PA 98), the Supreme Court addressed the issue of the Full Commission's authority to review and reverse a Deputy Commissioner's credibility findings.
Court of Appeals to Review Whether Pre-Hire Arbitration Agreements are Enforceable
Bodman LLP
The Michigan Court of Appeals has convened a special conflict panel to review the issue of whether pre-hire arbitra.
Pennsylvania Supreme Court Rules that Issue of "Serious Injury" in Limited Tort Cases is Almost Always a Jury Question
Dugan, Brinkmann, Maginnis & Pace
On October 29, 1998, the Supreme Court of Pennsylvania decided the case of Washington v. Baxter. In a majority .
Harbor Maintenance Tax Unconstitutional
Charles H. Critchlow of Coudert Brothers LLP
How an Arcane Constitutional Provision Became a Billion Dollar Government Headache Everyone remembers the Reag.
Position of wired glass in the 2004 IBC Supplement
Thomas S. Zaremba of Roetzel & Andress
Wired glass still remains the top-performing fire-rated glazing material in the United States. Unfortunately, it has fallen victim to a weakness that exists in our code development process. For at least the last 10 years, competitors have sought to increase market share by reducing the areas where the codes allow wired glass to be used.
Without regard to whether any technical support existed, code officials at the International Code Council?s Final Action Agenda in May at Overland Park, Kansas, said, "Ten years of debate is enough," and voted to adopt S85-03/04, further restricting the permissible use of wired glass in hazardous locations.
Current Developments in Federal Appellate Practice
Susan M. Freeman of Lewis and Roca LLP
The circuit courts of appeals are meeting the burden of increasing workloads with procedures and local rules that take advantage of the Internet and other computer technology. They vary in their approaches to the availability of unpublished case law resulting from that technology. They also attempt to address their burdensome caseloads - and the hardship caused to the bar and public - through various settlement and mediation alternatives and through publicly available information on the delay inherent in the appellate process.
The Power of Three--Commencement of an Action Under the Minnesota Rules of Civil Procedure
Mark W. Lee and Laurie A. Kindel of Maslon Edelman Borman & Brand, LLP
Perhaps the greatest surprise we encounter when working with lawyers from other jurisdictions and in-house counsel is when discussing the commencement of actions in Minnesota. Although Minnesota follows the federal rules closely in many respects, Minnesota does not follow the federal rules on commencement of an action. As we will discuss below, this difference can be extremely important to both plaintiffs and defendants when an action is commenced in Minnesota.
Ninth Circuit Modifies Presumption of Reliance Opinion
Cadwalader, Wickersham & Taft LLP
The Ninth Circuit Court of Appeals has modified its March 30, 1999 decision in Binder v. Gillespie, which held, amo.
Color Trademarks Revisited
Pillsbury Winthrop Shaw Pittman LLP
In our April, 1994 Report, we discussed recent decisions by U.S. Courts of Appeal for the Eighth and Ninth Circui.
Federal Circuit Court of Appeals Sustains Confidentiality of ADR Proceedings for Resolution of Patent Disputes
Carl G. Love of Pillsbury Winthrop Shaw Pittman LLP
When parties enter into mediation or arbitration proceedings, a frequent concern is the confidentiality of those p.
Do Court Status Inquiries Constitute 'Activity' Sufficient For Case Dismissal Under Florida Law?
Swartz Campbell LLC
FloridaÂ?s civil defense attorneys have long used Florida Rule of Civil Procedure 1.420(e) to have languishing plaintiffs' cases dismissed. This rule was further clarified on June 20, 2002 by a Florida Supreme Court decision on the type of activity that would be deemed insufficient to preclude a dismissal of a case for failure to prosecute.
Case Note: The Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.
Arun Chandra* of The Federalist Society
A significant portion of the patent bar was caught off-guard when the Supreme Court recently ruled that the Court of Appeals for the Federal Circuit cannot assert jurisdiction over a case in which the plaintiff does not assert a patent claim.
Supreme Court Nominees and the Fourth Circuit Curse
Adam M. Gershowitz of Covington & Burling LLP
It has been over eight years since a Supreme Court justice has retired, and with the 2002 Republican electoral gains there is speculation that Chief Justice Rehnquist or one of his colleagues will step down from the high court. The majority of pundits expect that White House Counsel Alberto Gonzalez will be President Bush's first Supreme Court nominee. It is widely known, however, that the President's conservative base favors a nominee more in the mold of Justices Antonin Scalia and Clarence Thomas.
Holmes v. Vornado: A Restatement of the "Arising Under" Jurisdiction of Federal Courts
James W. Dabney of Pennie & Edmonds LLP
On June 3, 2002, the Supreme Court issued one of its most important decisions in decades construing the "arising under" jurisdiction of United States District Courts. In Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., seven Justices of the Court held that a civil action is not one "arising under" federal law - including federal patent, trademark, and copyright law - if the well-pleaded complaint of the plaintiff does not allege a claim whose resolution depends on a substantial question of federal law.