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Lead-Paint Claims in VT and GA
Thirty years after its introduction, the absolute pollution exclusion continues to be the subject of vigorous litigation, recently reaching the supreme courts of Vermont and Georgia. In December 2015, the Vermont Supreme Court issued its decision in Whitney v. Vermont Mutual Insurance Co., No. 2015-073, 2015 WL 8540432 (Vt. Dec. 11, 2015), in which it refused to limit the absolute pollution exclusion to “traditional” environmental claims. Many had wondered whether the Georgia Supreme Court would follow suit, which it did in its recent ruling in Georgia Farm Bureau Mut. Ins. Co., No. S15G1177, 2016 WL 1085397 (Ga. Mar. 21, 2016), reaffirming its earlier determination that the exclusion is not subject to a limiting gloss arising out of its original purpose of reinforcing the earlier qualified pollution exclusion. Cf. Reed v. Auto-Owners Ins. Co., 284 Ga. 286 (2008). Indeed, both cases find that the injury-causing agent falls within the definition of a “pollutant.”
1. VT Finds Absolute Pollution Clause Not Inherently Ambiguous
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.