Courts have generally interpreted "civil authority" provisions as requiring that access to the insured premises must be made impossible and have consistently resisted attempts by insureds to expand coverage to situations where access to the insured premises is merely made inconvenient.
In the years since the Paramount/Loew's decree was issued, antitrust law has evolved, giving greater flexibility to manufacturers and distributors in granting territorial or customer exclusivity.
For all employers, especially franchisors and franchisees who often utilize unique employment models, Concepcion and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.
The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.
Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."
This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state. Be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.
A recent FDA Warning Letter suggests that the agency will not hesitate, when necessary, to exercise its power to enforce post-marketing requirements (PMRs) for approved drug products.
A summary of some of the most important and commonly negotiated insurance-related concepts in retail leasing.
As the seventh anniversary of the enactment of Chapter 15 of the Bankruptcy Code draws near, the volume of Chapter 15 cases commenced in U.S. bankruptcy courts on behalf of foreign debtors has increased rapidly. And so has related litigation.
For merchants of all types, accepting credit card and debit card payments is almost a requirement of doing business in today's increasingly "cashless" economy. However, as the numbers of these transactions have increased, the costs that merchants must absorb on those payments have become a serious issue.
