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Drug & Device News

ALM Staff & Law Journal Newsletters

The latest happenings for your review.

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Med Mal News

ALM Staff & Law Journal Newsletters

Recent items of interest.

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Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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Eminent Domain Law

ALM Staff & Law Journal Newsletters

A recent important case.

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Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

In-depth analysis of recent rulings.

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Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-read format.

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How to Manage Your Litigation Costs Image

How to Manage Your Litigation Costs

Stewart M. Weltman

This is the first in a series of articles discussing how in-house counsel can better manage litigation matters.

Features

The 'Unindicted Co-Conspirator' Image

The 'Unindicted Co-Conspirator'

Stanley A. Twardy, Jr. & Doreen Klein

The criminal justice process can be arcane, but one term is recognizable to the public. An indictment is a formal accusation by a grand jury that an indicted individual has committed a crime. While damning, the indicted defendant nonetheless has the constitutional right to say to the government, 'Prove it,' and, if the government fails, to be cleared of all criminal wrongdoing. Unlike the defendant who has a right to defend himself, the unindicted co-conspirator is not on trial but confined to a limbo in which vindication is never possible.

Features

Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims Image

Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims

William J.F. Roll, III, Michael H. Torkin & Solomon J. Noh

In a matter of first impression, the United States Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida Ltd. ('Oneida') as a result of the termination of one of Oneida's pension plans during its Chapter 11 case were prepetition 'claims' (as defined in ' 101(5) of title 11 of the United States Code (the 'Bankruptcy Code')) that were discharged under Oneida's confirmed plan of reorganization.

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Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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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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