Features
NJ & CT News
The latest cases in neighboring states that you need to know.
Features
Determining the Proper Amount of Spousal Maintenance
In last month's newsletter, we discussed Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute containing the factors courts use to determine spousal maintenance awards in New York, along with the recently proposed legislation (See New York State Assembly Bill A10446) that would replace the statute with a formula to calculate both the amount and duration of maintenance. The discussion concludes here.
Features
Sophisticated User Defense Gains Acceptance
The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree.
Features
The Growth in Wage-and-Hour Claims
This article explores some of the most common FLSA issues that employers confront on a daily basis, and ways to avoid being a victim of this FLSA wave.
Features
RICO
Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.
Features
Supreme Court Again Broadens Scope of Fair Employment Anti-Retaliation Provisions
The end of the Bush administration and the first six weeks of the Obama administration resulted in significant changes to key federal fair employment statutes.But there are also four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions ...
Features
Unfinished Business: Swap Participants Gain Ground
On Feb. 11, 2009, the United States Court of Appeals for the Fourth Circuit recognized the broad protections afforded to swap agreements under the Bankruptcy Code. Here is a review of the case.
Features
The Most Crucial Commercial Lease Cases
The first part of this article, which appeared in the December 2008 issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The second part, which appeared in the February 2009 issue, discussed cases that address enforcement and violations. The cases in the conclusion herein address stipulations and eviction.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›