Blogs & Social Media Sites
The Sixth Circuit is not Buying what Lake City is Fax-Blasting: Affirms TCPA Class Certification and Summary Judgment
In February 2006, Lake City, a business that distributes pipe-thread sealing tape hired Business to Business Solutions (“B2B”), a fax-blasting advertising company, to transmit advertisement faxes on its behalf. Lake City President, Jeffrey Meeder and B2B drafted the advertisement and sent the unsolicited fax to approximately 10,000 recipients. Read More ›
This blog recently addressed Iskanian v. CLS Transportation Los Angeles, LLC, 173 Cal. Rptr.3d 289 (Cal. 2014), in an entry analyzing the enforceability of employees’ class action waivers: Click here to view previous entry. This entry examines one aspect of Iskanian in greater depth, namely whether a waiver applies to claims under the California Private Attorney General Act (PAGA). Read More ›
May a court certify a class that includes members who suffered no injury? The First Circuit will hear arguments on this issue at the end of this month. The case, In re Nexium (Esomeprazole) Antitrust Litigation, has the potential to provide another powerful weapon with which defendants can defeat class certification in certain cases. Plaintiffs allege that the defendants, AstraZeneca, the manufacturer of the brand drug Nexium, and three manufacturers of generic versions of Nexium, violated antitrust laws when, to settle claims of infringement on AstraZeneca’s Nexium patent, the generic manufacturers agreed to delay the release of the generic drugs in exchange for payments from AstraZeneca. The named plaintiffs, ten union health and welfare funds, sought to certify a class of all customers and third party payors (“TPPs”) who purchased or paid for Nexium in the states that allow for antitrust actions by indirect purchasers. Read More ›
The Construction Law News Blog is a resource for today's construction industry professionals. The blog discusses a variety of legal issues. Some of these issues include risk management, contract preparation, payment disputes and dispute resolution.
On July 17, 2014, the Ohio Supreme Court continued its literal interpretation and application of construction contracts. In the case, Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp., Slip Opinion No. 2014-Ohio-3095, a general contractor hired a sub-contractor to provide electrical services for the installation of a pool at a hotel. The sub filed suit seeking payment of $44,000 that was never paid by the GC or project owner. The subcontract included the following language:
"(c) The Contractor shall pay to the Subcontractor the amount due under subparagraph (a) above only upon the satisfaction of all four of the following conditions: * * * (iv) the Contractor has received payment from the Owner for the Work performed by the Subcontractor. RECEIPT OF PAYMENT BY CONTRACTOR FROM THE OWNER FOR WORK PERFORMED BY SUBCONTRACTOR IS A CONDITION PRECEDENT TO PAYMENT BY CONTRACTOR TO SUBCONTRACTOR FOR THAT WORK." Read More ›
It is sometimes difficult to tell whose insurer will be liable for certain occurrences on a construction project. The whole purpose of contracting is to allocate risk—hopefully to the party that is better situated to deal with that risk. In allocating that risk, all parties need to know which party is ultimately responsible for insuring against certain risks. While some court opinions can leave a reader unsure of the ultimate holding and its application, the Indiana Court of Appeals recently issued a clear and concise opinion regarding issues of insurer liability in the context of interpreting an American Institute of Architects (AIA) standard form agreement. Read More ›
With its unanimous decision in Atlantic Marine Construction Co., Inc. v. U.S. District Court for the Western District of Texas the United States Supreme Court stated its strong support for the enforcement of contractual forum-selection clauses. Specifically, the Court outlined how federal courts should determine whether to transfer a case filed in a federal district court different than the contractually selected forum. In describing this process the Court recognized that it would be rare for a court to not follow the forum-selection clause. While this decision is good news for contractors attempting to enforce their contracts the Court’s decision leaves open some important questions which may lead to future uncertainty related to these clauses. Read More ›
The Distress to Success blog, based off of the book by Bobby Guy, focuses on distressed investing, events in the acquisition markets, and restructuring issues. “Distress to Success” is written for the business leader struggling to return a company from the “red” into the “black.”
One of the interesting tensions in the healthcare industry right now is the need for consolidation versus antitrust consolidation prohibitions. Read More ›
When it comes to distressed healthcare M&A, the thorniest issues often ride on provider agreement liabilities with Medicare and Medicaid. Read More ›
Regardless of political positions, one of the astounding facts about the Affordable Care Act (i.e., Obamacare) is how much the law attempts to accomplish. Read More ›
The Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
Witness Only Closings in West Virginia and Notary Fees: Is Your Bank at Risk for a Class Action Lawsuit?
In a class action lawsuit filed in West Virginia, the United States District Court for the Northern District of West Virginia recently held in Dijkstra v. Carenbauer et al (Civil Action No. 5:11-CV-152, Document Nos. 210 and 242) that the closing of real estate loans by non-lawyers constitutes the unauthorized practice of law. The Court held: Read More ›
The news reports of bank losses serve as both cautionary tales and teaching moments: no bank wants to find its name included in headline-grabbing stories of bank employee misconduct. Monitoring employee accounts for fraud and malfeasance is a regulatory expectation and a best practice for fraud prevention. While regulators may not have specified particular types of monitoring requirements regarding employee accounts, it is evident that account monitoring parameters targeting high-risk employee transactions can have a greater chance of catching employee fraud than general non-risk based monitoring. Read More ›
Financial institutions rejoiced last year at the victory won by BancorpSouth Bank in the case brought by its customer, Choice Land Title, LLC, alleging that the Bank must compensate it for $440,000 in fraud losses it suffered arising out of fraudulent wire transfer orders executed by the Bank. (Choice Land Title, LLC v. BancorpSouth Bank, 2013 WL1121339, W.D. Missouri, 2013). The trial court recognized the validity of the financial institution’s defense that it had acted in accordance with commercially reasonable standards, and enforced the indemnification agreement between the customer and the Bank. After being confronted with numerous cases finding in favor of the customers who had been the victims of payment fraud, financial institutions finally had a legal precedent for holding firm on refusing to reimburse customers who suffered payment fraud losses as a result of not following the security procedures offered by their financial institutions. Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
While the laundry list of challenges is familiar, last week's Financial Times analysis of China's shale oil gas industry makes interesting reading for any U.S. company trying to tap the China market. Whether it be underground reserves or untapped consumer demand, majors and middle-maket companies face the same myriad of "soft" challenges, including the absence of a mature legal structure, crowding out by giant SOEs and intellectual property risks. Read More ›
In recent days, we have seen Chinese firms becoming more aggressive and entering into the U.S. market wanting to invest. Fosun, a Shanghai based firm, recently purchased the One Chase Manhattan Plaza in New York for $725 million. Greenland Group, another Shanghai based firm, recently became a majority owner in a joint venture that will develop a commercial real estate project in downtown Brooklyn. Earlier this year, a Chinese property developer became a 40% stakeholder in the General Motors Building in Manhattan. Read More ›
On October 25, 2013, the legislative body in China passed amendments to its consumer protection law. According to Xinhua News, the amendments included better protections for consumers, added regulations for e-commerce, and tightened liabilities for businesses that violate the law. Read More ›
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