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Working Well with Custody Experts
The first two parts of this article addressed issues surrounding pre-trial preparation of an expert, such as financial arrangements and scheduling, trial preparation and direct testimony. The conclusion herein discusses cross-examination and post-trial feedback.
Litigation
Recent rulings of interest to your practice.
Landlord & Tenant
Important rulings you should know.
Development
Recent cases of importance to you and your practice.
Real Property Law
Recent rulings of importance to your practice.
Index
An in-depth listing of all the cases discussed in this issue.
Tax Foreclosure Sales: What Notice Is Due?
To what extent does the increasing availability of information change statutory or constitutional obligations to provide notice of tax foreclosure proceedings?
Cases in Court
Guilty pleas have been entered for the first time under new Sarbanes-Oxley Provisions. On April 5, 2003, <i>The New York Times</i> reported that Richard Scrushy, former Chief Executive Officer for HealthSouth Corporation, the largest provider of diagnostic imaging, outpatient surgery, and rehabilitation services with locations in 50 states and abroad, has been targeted by regulators for allegedly helping to overstate the company's earnings by more than $2 billion during the past 6 years.
The <i>Chandler</i> Decision: What It Means
In March, the United States Supreme Court issued a decision in a False Claims Act case that has been closely watched by public and private entities alike. <i>See Cook County v. United States ex rel.</i> Chandler, 123 S. Ct. 1239 (2003). This article is intended to put that decision in perspective, to help readers understand what Chandler actually holds, and to reflect upon the future of False Claims Act litigation in the wake of Chandler and other recent Supreme Court decisions on punitive damages.
Regulatory Developments
All the latest on what you need to know.

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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