News & Analysis as of

Adjudicatory Process

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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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

Bennett Jones LLP

The Inbetweeners—Mass Torts That Do Not Meet the Certification Criteria

Bennett Jones LLP on

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

BakerHostetler

LA County Employers Must Update Job Postings, Offer Letters and Background Check Processes by September 3

BakerHostetler on

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

Littler

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

Littler on

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

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

BCLP on

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

Rumberger | Kirk

Into the Void: The Defense of Lack of Subject-Matter Jurisdiction

Rumberger | Kirk on

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

Mayer Brown

Legal Developments In Construction Law: January 2024

Mayer Brown on

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

Linda Liu & Partners

Determination of Compensation Liability of Offering to Sell in Patent Infringement Disputes

Linda Liu & Partners on

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

BCLP

Case Flags Risk of Unclear ADR Procedure

BCLP on

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

Bennett Jones LLP

Prompt Payment Update—Ontario Superior Court Confirms Adjudicator's Decision Is Not Final

Bennett Jones LLP on

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

Seward & Kissel LLP

Working For the Weekend, Quick Change, Keep on Trucking? and Trek’s End

Seward & Kissel LLP on

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

Carlton Fields

Against All Odds Alpine Wins Important Injunction Against FINRA

Carlton Fields on

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

Constangy, Brooks, Smith & Prophete, LLP

Federal court strikes down DACA regulation, DACA still on life support

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill, Expansion: Individual Petitioners/Mayor Russell/Tontitown Joint brief in Support of Second Motion for...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Polk County Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Arkansas Department of Energy & Environment - Division of...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Motions for Summary Judgment Filed by All Parties

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Administrative Law Judge Addresses Motions to Dismiss Petitioners' Request for Adjudicatory...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Eco-Vista Files Replies in Support of Motion to Dismiss

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Eco-Vista Motions to Dismiss Request for Adjudicatory Hearing/Commission Review

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/expansion: Arkansas Department of Energy & Environment - Division of Environmental Quality Motion to...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Request for Adjudicatory Hearing/commission Review - Motion for Relief From Automatic Stay

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Second Request for Adjudicatory Hearing/Commission Review Before Arkansas Commission on...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Request for Adjudicatory Hearing/Commission Review Before Arkansas Commission on Pollution...

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

Goodwin

Agencies Issue Joint Statement on Liquidity Risks Resulting from Crypto-Asset Market Vulnerabilities

Goodwin on

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

Orrick, Herrington & Sutcliffe LLP

CFPB finalizes updates to Rules of Practice for Adjudication Procedures

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

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