Nov
21
2008
In a world where free trade and the global economy continue to break down geopolitical barriers, U.S.-based companies are increasingly likely to find themselves engaged in disputes in foreign jurisdictions. For U.S. companies and counsel involved in civil litigation in Ontario, Canada, aspects of local procedure and practice may be unfamiliar. Although every case presents unique features, this article describes certain key characteristics of Ontario litigation procedure and practice that might be different from what a U.S.-based company or counsel would expect.
Nov
21
2008
Vocal groups from the 1950s don?t just fade away ? they splinter into separate acts that go on to fight over which is a true descendant of the original. In the U.S. and Canada, there are no fewer than 10 groups performing as The Drifters, or some minor variation. To help fans separate bona fide artists from pretenders, New Jersey and 26 other states have passed the "Truth in Music Act," forbidding performers to advertise themselves as affiliated with a recording group unless they demonstrate the connection by specified means.
Nov
21
2008
The Family Medical Leave Act, which has long been a source of litigation and confusion in the workplace, has undergone major changes for the first time in its 15-year history. Those changes, however, may cause still more confusion and litigation, attorneys note. The U.S. Department of Labor published revised FMLA regulations, detailed in more than 750-pages, that explain how and when employees can take unpaid leave to care for a sick relative or themselves. The new rules, which take effect on Jan. 16, were a response to complaints by employers and employees alike.
Nov
21
2008
Insured's suit for declaratory judgment regarding scope of property insurance coverage did not preclude, on principles of res judicata, subsequent damages suit against insurer for bad faith denial of benefits; while both suits arose from same transaction, special rule of Restatement (Second) of Judgments meant that declaratory judgment action had no preclusive effect.
Nov
21
2008
Absent aggravating circumstances, district court abused discretion by dismissing action and imposing monetary sanction for plaintiff's failure to "promptly" file electronic copy of complaint in keeping with standing order for cases subject to electronic case management system.
Nov
21
2008
Truth in Lending Act's "tolerances for accuracy" defense is general, rather than affirmative, so that defendant does not waive defense by failing to specifically raise it when disputing liability for disclosure errors that fall within exception for small disclosure discrepancies.
Nov
21
2008
Washington, D.C., lawyer Mark Zaid was in the U.S. Court of Appeals for the D.C. Circuit on Nov. 18, arguing that Rep. John Murtha, D-Pa., should not be granted absolute immunity for statements he made about Staff Sgt. Frank Wuterich and his role in the deaths of Iraqi civilians in Haditha in 2005. Murtha has called Wuterich a cold-blooded killer and compared the deaths to the My Lai massacre in Vietnam. Wuterich is charged with manslaughter. His case is pending in military court.
Nov
21
2008
Israeli and Russian victims of a 2004 terror attack on an Egyptian Hilton cannot sue the hotel in the United States, in part because a judge believed they were seeking a higher recovery from a New York jury sitting blocks from the World Trade Center site. Southern District Judge Peter Leisure found that the plaintiffs, none of whom were Americans, may have been engaging in forum shopping in , and he dismissed the case under the doctrine of forum non conveniens.
Nov
21
2008
A class of Carnival Cruise Lines passengers whose voyage to celebrate the millennium was interrupted by equipment failure has settled a lawsuit against the Miami-based company with a unique result -- more than $5 million worth of free trips. Under the settlement, about 2,460 passengers from the last Carnival Paradise cruise of 1999 will receive a free one-week cruise embarking from any U.S. port outside Alaska. The total value of the cruises is $5.7 million.
Nov
21
2008
The First U.S. Circuit Court of Appeals upheld a New Hampshire state law barring marketers from using information about doctors' prescription habits. The Nov. 18 ruling, which followed a de novo review of the issues by a three-judge panel, rejected the argument that the law violated the First Amendment by illegally restricting commercial speech.
