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From Booker to Spears Image

From Booker to Spears

Stuart Chanen & Chris Stetler

Chief Justice Roberts commented in a recent dissent that the Supreme Court's sentencing rulings "have given the lower courts a good deal to digest over a relatively short period." Indeed. Since its landmark holding in United States v. Booker, 543 U.S. 220 (2005), that the Sentencing Guidelines were simply advisory, the Court has swiftly and significantly diminished the relevance of the Guidelines and increased the discretion of district court judges in sentencing defendants. As a…

Features

<B>BREAKING NEWS:</b> Supreme Court Strengthens Arbitration in Labor Case Ruling Image

<B>BREAKING NEWS:</b> Supreme Court Strengthens Arbitration in Labor Case Ruling

Tony Mauro

The Supreme Court's growing embrace of the virtues of arbitration continued on April 1 with a 5-4 ruling endorsing labor contracts that send age discrimination claims to arbitration rather than to federal courts.

Supreme Court: Age Discrimination Claims Must Go to Arbitration Image

Supreme Court: Age Discrimination Claims Must Go to Arbitration

ALM Staff & Law Journal Newsletters

The Supreme Court on April 1 ruled 5-4 that courts must enforce clearly stated provisions in labor contracts that require age-discrimination claims to go to arbitration.

Features

Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

In-depth analysis of recent rulings.

Features

The Time-Money Continuum Image

The Time-Money Continuum

Paul A. Rose & Amanda M. Leffler

Everyone has heard that time is money, but it may be that no industry understands this concept as well or as thoroughly as the insurance industry. Here's why.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Key rulings are discussed and analyzed.

Features

Development Image

Development

ALM Staff & Law Journal Newsletters

A look at a recent important ruling.

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Opinion: Supreme Court Botches Preemption Case Image

Opinion: Supreme Court Botches Preemption Case

Gregory Conko

One author's strong views about <i>Wyeth v. Levine</i>.

Features

Don't Overlook Nontraditional Defenses in Patent Litigations Image

Don't Overlook Nontraditional Defenses in Patent Litigations

Jonathan S. Caplan & Mark A. Baghdassarian

It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct. While patent litigators appropriately focus on these traditional defenses, there are also nontraditional defenses &mdash; including lack of ownership of the patent-in-suit, judicial estoppel, and unclean hands &mdash; that may be incredibly beneficial to patent defendants.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A 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.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In 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.
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