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Recovery for the Death of a Stillborn Child Image

Recovery for the Death of a Stillborn Child

Michael Brophy & Sarah X. Fang

The legal protection afforded to the unborn has become a procedural and substantive issue arising in both traditional and non-traditional contexts. Following is a look at case law, past and present.

Features

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Counsel Concerns

ALM Staff & Law Journal Newsletters

Malpractice Claims/File-Sharing Software<br>Malpractice Claims/Statute of Limitations

Features

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Court Watch

Darryl A. Hart

CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete

Features

Buyer's Brokers and the Duty of Loyalty Image

Buyer's Brokers and the Duty of Loyalty

Stewart E. Sterk

What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in <i>Rivkin v. Century 21 Teran Realty LLC</i>, the Second Circuit certified the question to the New York Court of Appeals. <i>Rivkin</i> answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).

Features

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Development

ALM Staff & Law Journal Newsletters

A look at recent rulings of importance.

Features

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Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Commentary on the latest cases.

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Think Twice Before Reading Your Employees' Text Messages Image

Think Twice Before Reading Your Employees' Text Messages

Mark N. Reinharz

A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In <i>Quon v. Arch Wireless Operating Co, Inc. et al.</i>, the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

State rulings of interest.

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  • 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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