Liability

Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

by Anne Calverley, Jehad Haymour, Sophie Virji | Dentons on 5/24/2013

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to...more

Real World - Spring 2013: When can tenants escape liability for terminal dilapidations?

by Gillian Baxter | Dechert LLP on 5/23/2013

Most leases require the tenant to leave the property in a good state of repair at the end of the term. The amount of damages the landlord can recover if the works are not done is limited by section 18 of the Landlord and...more

Justice Department Lawsuit Reveals Roadmap to Avoid False Claims Act Liability

by James Holloway | Ober|Kaler on 5/23/2013

Earlier this month, the Justice Department filed a lawsuit against Vitas Hospice Services, LLC, and related entities, alleging that Vitas fraudulently billed the Medicare program in violation of the False Claims Act (FCA)....more

Minnesota Policyholder Scores Victory on “Insured Contract” Coverage for Direct Liability Indemnification

by Rick Kubler, Nicholas Nierengarten | Gray Plant Mooty on 5/22/2013

The Eighth Circuit Court of Appeals recently ruled that an indemnitor’s insurer was obligated to provide coverage under the “insured contract” provision of a commercial general liability (CGL) policy for the indemnitee’s own,...more

An Auto Accident In Alabama Leaves 4 People Injured

by Johnston, Moore & Thompson, Huntsville... on 5/21/2013

Automobile accidents occur each and every day in Alabama and throughout the nation. When an auto accident does happen, sympathy and remorse are typically felt for those involved, especially when children and pregnant women...more

Liabilities of Vendors of Package Tours: Baker & McKenzie

by Graeme Dickson, Amrit MacIntyre | Baker & McKenzie Australia on 5/20/2013

A recent decision of the Federal Court of Australia ATS Pacific Pty Ltd v Commissioner of Taxation [2013] FCA 341 (15 April 2013) raises significant issues for sellers of packaged tours. The Court found that a term could be...more

PODCAST - Inside Law - HIPAA Changes Overview by Emily Wey [Video]

by Polsinelli on 5/20/2013

More than two years in the making, the long-awaited final changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) were published by the United States Department of Health and Human Services (HHS) on...more

Temporary Regulatory Takings Do Exist in California!

by Katrina Diaz, Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 5/17/2013

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

by J. Wylie Donald | McCarter & English: Climate Change &... on 5/16/2013

Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?...more

Florida Officer-Director Liability For Business Torts

by Schecter Law on 5/16/2013

Generally, a director or officer of a corporation does not incur personal liability for [the corporation’s] torts merely by reason of his official character; he is not liable for torts committed by or for the corporation...more

Alarming Dog Bite Fatality Statistics Released, 2005-2012

by Demas Law Group on 5/16/2013

For many years now, www.DogsBite.org has been compiling annual statistics on breeds involved in fatal dog accidents. The organization has now released its compiled data for the years 2005 to 2012. This data shows several...more

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

by Ronald London | Davis Wright Tremaine LLP on 5/15/2013

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

Capital Infusion - May 2013: Digging Deeper: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, Amy Kaufman, David McLean | Patton Boggs LLP on 5/15/2013

Introduction - Investing in the health care industry can be riskier and more complicated than investing in many other industries. Health care providers and suppliers, as well as those companies that interact with them,...more

Appeals Court Rules In Favor Of Plaintiff In Horse-Handling Case

by Samster, Konkel & Safran, S.C. on 5/15/2013

Wisconsin has an equine immunity statute, which provides immunity from liability for injuries relating to horse riding and other equine activities....more

Numbers Released That Could Explain Insurance Company’s Move to Not Cover Certain Dogs for Liability

by Demas Law Group on 5/15/2013

If you’re like millions of other Americans, you love dogs and you have at least one in your home that you keep as a pet and companion. You consider your dog a part of the family, and you include it in as many family...more

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

When Brakes Fail and Accidents Happen

by Law Offices of Cohn & Smith, P.A. on 5/14/2013

This past September, a four vehicle accident closed the eastbound lanes of State Road 54 at the Suncoast Parkway. The accident resulted from of a cement truck driving over the concrete median and plowing into two cars and an...more

Bishop arrested in hit-and-run DUI accident

by Demas Law Group on 5/14/2013

A Massachusetts bishop and leader of a Roman Catholic diocese has been arrested in connection with a hit-and-run accident in Rhode Island and charged with driving under the influence of alcohol, according to police sources....more

Five Takeaways from the OIG’s Special Advisory Bulletin on Exclusion

by Ellyn L. Sternfield | Mintz Levin - Health Law on 5/13/2013

This week the Office of Inspector General for the Department of Health and Human Services (“OIG”) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, an...more

Is That Covered? Tanker Fire

by Michael R. Kelley | McNees Wallace & Nurick LLC on 5/13/2013

On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more

The ERISA Litigation Newsletter - May 2013

by Justin Alex, Anthony Cacace, Doughlas Dahl, Lisa Berkowitz Herrnson, Jacklina Len, James R. Napoli, Brian S. Neulander, Myron Rumeld, Neal Schelberg | Proskauer Rose LLP on 5/13/2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

Absent a Contract With the Provider, HMOs Are Not Liable for Unpaid Services

by Michael Klein | Sedgwick LLP on 5/10/2013

On April 19, 2013, the Texas Supreme Court handed down its opinion in Christus Health Gulf Coast, et al. v. Aetna, Inc. et al. The court’s ruling put an end to the so-called “double pay” theory of liability by downstream...more

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

by Ellen Adler, Erin M. Bosman, Julie Y. Park | Morrison & Foerster LLP on 5/10/2013

Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and...more

Florida Legislature Passes New Revised Limited Liability Company Act

by Steven Lear | Bilzin Sumberg Baena Price & Axelrod LLP on 5/10/2013

On May 3, 2013, as the last piece of legislation to be enacted this session, the Florida House of Representatives unanimously passed the new Florida Revised Limited Liability Company Act (the "New Florida LLC Act"), a...more

HIPAA Revises Business Associate Agreement Requirements

by Evelyn Haralampu | Burns & Levinson LLP on 5/7/2013

Protecting Health Information - The privacy of health information is protected by federal rules. These rules, which have been recently updated, affect the handling of “protected health information” (“PHI”) by business...more

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Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

Real World - Spring 2013: When can tenants escape liability for terminal dilapidations?

Justice Department Lawsuit Reveals Roadmap to Avoid False Claims Act Liability

Minnesota Policyholder Scores Victory on “Insured Contract” Coverage for Direct Liability Indemnification

An Auto Accident In Alabama Leaves 4 People Injured

Liabilities of Vendors of Package Tours: Baker & McKenzie

PODCAST - Inside Law - HIPAA Changes Overview by Emily Wey [Video]

Temporary Regulatory Takings Do Exist in California!

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

Florida Officer-Director Liability For Business Torts

Alarming Dog Bite Fatality Statistics Released, 2005-2012

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

Capital Infusion - May 2013: Digging Deeper: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals

Appeals Court Rules In Favor Of Plaintiff In Horse-Handling Case

Numbers Released That Could Explain Insurance Company’s Move to Not Cover Certain Dogs for Liability

California To Draw The Lines In Disparagement Liability

When Brakes Fail and Accidents Happen

Bishop arrested in hit-and-run DUI accident

Five Takeaways from the OIG’s Special Advisory Bulletin on Exclusion

Is That Covered? Tanker Fire

The ERISA Litigation Newsletter - May 2013

Absent a Contract With the Provider, HMOs Are Not Liable for Unpaid Services

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

Florida Legislature Passes New Revised Limited Liability Company Act

HIPAA Revises Business Associate Agreement Requirements

PODCAST - Inside Law - HIPAA Changes Overview by Emily Wey [Video]

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