We’re trying something new this week with our Top 10. In an effort to be even more transparent about “what makes a blog post a Top 10 piece” we’re breaking things down a little further. Our Publisher Colin O’Keefe has three…
Continue Reading Top 10: Write to the medium, be proactive, think strategically
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Civil Litigation
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Good afternoon.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of…
Continue Reading COURT OF APPEAL SUMMARIES (JUNE 14 – 18)Successful Judiciary Law § 487 cases are very rare. The hurdles are quite high for the proponent as is shown in Cordell Marble Falls, LLC v Kelly
2021 NY Slip…
Asbestos, a carcinogen responsible for thousands of American deaths annually, has often been found in consumer products like makeup, children’s toys and talcum powder. Yet, no one has been…
Continue Reading EPA Agrees to Require Reporting on Asbestos Use and Exposure Under TSCAThe Plaintiffs’ Bar continues to completely dominate Illinois and latest proof of this is a new law taking effect soon – prejudgment interest. Here are the main points to know…
Continue Reading Pre-Judgement Interest in IllinoisNegligence Per Se and Punitive Damages Claims Allowed to Proceed in Dog Bite Case Based on Violation of The Rabies Act
In the case of Philips v. Horvath, No. 536-CV-2021 (C.P. Monroe Co. May 14, 2021 Williamson, J.), Judge David J. Williamson of the Monroe County Court of Common Pleas…
Continue Reading Negligence Per Se and Punitive Damages Claims Allowed to Proceed in Dog Bite Case Based on Violation of The Rabies Act
If ACS finds that there is no believable evidence that the abuse report is true, it will mark the report as “unfounded”. The report will be kept at the New…
Continue Reading HARASSING A TENANT WITH UNFOUNDED CHILD ABUSE COMPLAINTSCorporate & Commercial
We are now well into the second year of the COVID-19 pandemic, yet at this late date the COVID-19-related securities class action lawsuits continue to come in. In the latest…
Continue Reading Biopharma Company Hit with COVID-19-Related Securities SuitWay back in 2010, I wrote Ten Reasons Chinese Companies Fail In The U.S. for Forbes Magazine. Then in 2015, I did a blog post on the same topic, entitled…
Continue Reading Thirteen Reasons Why Chinese Companies So Often Fail Outside ChinaThanks to this blog post by Mark Anderson, I learned of a new English court opinion on endeavours provisions in a case before the Technology and Construction Court. O frabjous…
Continue Reading Another English “Endeavours” OpinionIllinois Appellate Court Affirms Dismissal of Class Action Lawsuit Alleging Consumer Fraud and Violations of Illinois Security Deposit Statutes
An Illinois Appellate Court recently considered a putative class action lawsuit alleging that a senior housing community operator violated several consumer protection statutes in connection with its contracts with residents.
Continue Reading Illinois Appellate Court Affirms Dismissal of Class Action Lawsuit Alleging Consumer Fraud and Violations of Illinois Security Deposit StatutesWhat has long been a major handicap to the cannabis industry may finally be coming to an end. As federal law currently stands, financial institutions in states where marijuana is…
Continue Reading SAFE Banking Act Making Headway In U.S. CongressDissolution is denied when purpose of limited liability company did not include a member’s participation in management, and petition for dissolution is dismissed.
The standard for dissolution of a limited …
Continue Reading NY LLC Law Does Not Permit Dissolution for OppressionEmployment & Labor
In Chetlin v. Exxon Mobil Oil Corporation, No. 20-20641, __F.App’x__, 2021 WL 2492771 (5th Cir. June 17, 2021), Plaintiff-Appellant Medora Chetlin filed suit under ERISA against Defendant Exxon Mobil…
Continue Reading Fifth Circuit Affirms Denial of Deceased Ex-Spouse’s Retirement BenefitsReality TV star, socialite, and businesswoman Kim Kardashian West is currently facing criticism for allegedly mistreating and failing to pay her employees overtime wages. Seven of West’s employees, who clean…
Continue Reading Kim Kardashian Faces a Lawsuit for Allegations of Labor Law ViolationsEighth Circuit Denies Appointment of Impartial Umpire to Resolve Dispute Over Payment of Attorneys’ Fees from Welfare Trust
In Gillick v. Elliott, No. 20-1686, __F.3d__, 2021 WL 2446787 (8th Cir. June 16, 2021), Appellants are employer-appointed trustees of the Greater St. Louis Construction Laborers Welfare Trust (“Trust”)…
Continue Reading Eighth Circuit Denies Appointment of Impartial Umpire to Resolve Dispute Over Payment of Attorneys’ Fees from Welfare TrustThis week marked the Illinois Workers’ Compensation Commission opening up for live hearings at the Daley Center. I was able to squeeze in a trial on Thursday, June 17th. For…
Continue Reading WORKERS’ COMP HEARINGS ARE IN FULL SWING AT THE DALEY CENTER.As we previously reported (here), Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special meetings to revise its controversial Emergency Temporary Standards (“ETS”) related…
Continue Reading California Safety Board Narrows Emergency Temporary Standards (Effective Immediately)Five Key Issues To Understand About Cal/OSHA’s Revised ETS Effective June 17, 2021
As we previous wrote about here, on June 17, 2021, the Board for Cal/OSHA approved revisions to the Emergency Temporary Standards (“ETS”) that govern employer’s duties to fight COVID-19. …
Continue Reading Five Key Issues To Understand About Cal/OSHA’s Revised ETS Effective June 17, 2021