Bar Exam Toolbox Podcast Episode 222: Listen and Learn -- Criminal Procedure: Stop and Frisk
Bar Exam Toolbox Podcast Episode 220: Listen and Learn -- Exceptions to the Warrant Requirement
Podcast: Non-binding Guidance: FDA’s Regulation of Products Containing CBD
On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company...more
In the precedential decision of Intellectual Tech LLC v. Zebra Techs. Corp., the U.S. Court of Appeals for the Federal Circuit reversed a ruling from the U.S. District Court for the Western District of Texas that dismissed a...more
La Cour suprême du Canada (la « CSC ») a récemment rendu une décision très attendue dans l’affaire Earthco Soil Mixtures Inc. c. Pine Valley Enterprises Inc. Dans une décision rendue à six contre un, la CSC a clarifié les...more
The Supreme Court of Canada recently released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc. In a 6-1 decision, the Court clarified the requirements for showing that parties to a...more
Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more
On May 31, 2024, the Supreme Court of Canada released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20 (“Pine Valley”), clarifying how contracting parties can exclude...more
The High Court has allowed litigation to proceed even though it was in breach of a mandatory alternative dispute resolution clause in a contract. Lancashire County Council contracted with Equans to build and maintain...more
The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more
The High Court has granted summary judgment on the basis that a claim for breach of various general contractual obligations were subject to an effective exclusion clause. The clause was also not subject to the...more
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're focusing on Criminal Procedure. Specifically, we're talking about the "stop and frisk" exception to the warrant requirement....more
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Criminal Procedure -- specifically, exceptions to the warrant requirement. In this episode, we discuss: >The...more
A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually...more
In a dispute relating to the exclusion procedure provided for in the articles of association of a French SAS, two useful clarifications have been made in the wake of the amendments made by Law Soilihi No. 2019-744 of July 19,...more
The Department of Health and Human Services (“HHS”) is continuing its focus on women’s health, this time through its research arm, the Agency for Healthcare Research and Quality (“AHRQ”). If the COVID-19 pandemic has shown us...more
The High Court finds that standard terms are successfully incorporated into a contract but determines that an exclusion clause is unreasonable under UCTA and is therefore ineffective....more
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more
On Feb. 4, 2021, Sen. Amy Klobuchar, D-Minn., the new chair of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights, introduced sweeping legislation ...more
On March 3, 2021, the Delaware Supreme Court issued a unanimous decision in RSUI Indemnity Company v. David H. Murdock & Dole Food Company that affirmed all of the trial court’s pro-insured coverage rulings relating to choice...more
The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia. DOJ’s filing was hurried at the behest of the Attorney General Bill...more
The Government’s Antitrust Action Against Google - On Oct. 20, 2020, the Department of Justice (DOJ) and 11 state attorneys general filed a significant civil antitrust lawsuit against Google LLC in the District of Columbia...more
Congress Sprints to the Finish. Congress returned this week from its Thanksgiving break and is racing to the end of the first session of the 116th Congress. Lawmakers are technically only supposed to remain in town through...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case questioning how a broad exclusionary clause in an insurance contract is interpreted and applied. The court ruled that an insurance contract containing...more
On 14 March 2019, the Supreme Court of Appeal (SCA) dismissed an appeal by Centriq Insurance Company Ltd (Centriq) against a ruling of the Free State High Court holding liable a financial advisor under a professional...more
It is not unusual for a directors and officers liability policy to have an exclusion for professional services. A such, a question often arises regarding whether the claimed wrongful conduct involved the rendering or failure...more
In a recent development with the ongoing complex litigation involving Janssen Biotech’s arthritis biologic medicine Remicade (infliximab) and Celltrion’s biosimilar, Celltrion’s partner Pfizer has filed a suit against...more