On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more
What Canadian process is available for mass torts when a class action cannot be certified? That is one question addressed by the Ontario Superior Court of Justice in Carcillo v Canadian Hockey League (Carcillo)....more
The Los Angeles County Fair Chance Ordinance for Employers takes effect on September 3. The law applies to employers doing business in the unincorporated areas of LA County, if they employ five or more employees....more
In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...more
An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more
Subject matter jurisdiction describes the power and authority to adjudicate a case, and to enter a valid, binding judgment. This power is derived from Alabama’s constitution and its statutes....more
Notice of adjudication – how important is that? Included in a number of jurisdictional challenges to an adjudication award was a claim that the notice of adjudication was defective, in not complying with the...more
When a product suspected of infringing a patent right is only displayed at an exhibition or on a website, and the patentee does not have evidence related to the production and sale of the product, should the patentee enforce...more
While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more
The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of...more
WeWork plans bankruptcy filing as soon as next week, report says, in startling reversal from its heady days as a tech industry superstar| Fortune - The Wall Street Journal reported on Tuesday that WeWork plans to file for...more
On July 5, 2023, the D.C. Circuit Court of Appeals issued an injunction that raises a challenge to FINRA’s authority to use FINRA-appointed hearing officers to conduct enforcement proceedings. The injunction enables Alpine...more
A federal judge has struck down final regulations regarding the Deferred Action for Childhood Arrivals program, and the program itself may not survive. The DACA program was established unilaterally in 2012 by an Obama...more
As previously noted in April 19th and 18th blogs, the Mayor of Tontitown and certain individuals filed separate Requests for Adjudicatory Hearing and Commission Review (collectively “Petitioners”) before the Arkansas...more
As previously noted in a June 26th post, Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas...more
As previously noted in an April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed (two) Requests for Adjudicatory Hearing and Commission Review (collectively, “Petitions”) before the...more
As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petitions”) before the...more
As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petition”) before the...more
As previously noted in April 18th and 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petitions”) before the Arkansas...more
As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively, “Petitions”) before the...more
As previously noted in April 19th and April 18th blogs, the Mayor of Tontitown and certain individuals have filed separate requests for adjudicatory hearing and Commission review (collectively “Petitions”) before the Arkansas...more
Tontitown Mayor Angie Russell and the City of Tontitown filed a Request for Hearing and Adjudicatory Review (“Request”) on April 17th before the Arkansas Pollution Control & Ecology Commission (“Commission”) challenging the...more
Several individuals (collectively “Petitioners”) filed a Request for Adjudicatory Hearing and Commission Review (“Petition”) on April 14th before the Arkansas Commission on Pollution Control and Ecology (“Commission”)...more
Regulatory Developments - Agencies Issue Joint Statement on Liquidity Risks Resulting from Crypto-Asset Market Vulnerabilities - On February 23, the Federal Reserve, FDIC and OCC (the Agencies) issued a “Joint...more
On February 24, the CFPB finalized updates to the agency’s Rules of Practice for Adjudication Procedures (Rules of Practice). Under Section 1053(e) of the Consumer Financial Protection Act, the Bureau is required to establish...more