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Expert Analysis
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A Cautionary Tale For Transactional Lawyers
The Eleventh Circuit ruling in St. Joseph Hospital v. Health Management Associates Inc. offers a warning for transactional lawyers to be careful how they describe a transaction in preclosing filings with government agencies, says Elizabeth Hodge of Akerman Senterfitt LLP.
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What Litigators Must Know About Va.’s 'Rocket Docket'
Do not be lulled into a false sense of complacency by the formality, civility and, in some cases, old-fashioned Southern charm of the U.S. District Court for the Eastern District of Virginia. Cases usually move with lightning speed, handled by efficient, polite, but no-nonsense jurists and courtroom deputies. There are many traps for the unwary, say Robert Tata and Wendy McGraw of Hunton & Williams LLP.
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Less Burden For Ga. Landowners: Apportionment Is OK
Apportionment is an important tool for landowners in the defense of premises liability claims. But now that its applicability and enforceability have been upheld in McReynolds v. Krebs and Couch v. Red Roof Inns, the risk of significant damage awards is less than it once was, says Kathryn Hinton of Baker Donelson Bearman Caldwell & Berkowitz PC.
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Safe From Avoidance: Electricity Requirements Contracts
The Fifth Circuit in MBS Mgmt. Serv. Inc. v. MXEnergy Electric Inc. recently provided guidance on whether an electricity requirements contract is a forward contract that is exempt from avoidance pursuant to Section 546(e) of the Bankruptcy Code. The answer, at least on the facts of MBS Mgmt., is yes, says Victoria Vron of Weil Gotshal & Manges LLP.
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Right To Recoup: Lessons For Insurers And Policyholders
As Illinois Union Ins. v. NRI Construction demonstrates, review of the reservation of rights letter's unilateral imposition of a right to recoup defense costs must be undertaken immediately upon receipt of the letter, says Collin Hite of Hirschler Fleischer PC.
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Beware: Marrying Lender And Developer Marketing Efforts
The lesson from the decision by the Western District of North Carolina in Synovus Bank v. Coleman is plain: What looks like good business when the market is hot may turn out to be an Interstate Land Sales Full Disclosure Act claim when the markets tank, says David Dreifus of Poyner Spruill LLP.
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Strategies For Moving To Strike Class Allegations
The Sixth Circuit decision in Pilgrim v. Universal Health Card LLC provides a strong basis for the proposition that defendants do not need to engage in class discovery where it is obvious from the pleadings that the class cannot be certified, say attorneys with Shook Hardy & Bacon LLP.
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Takeaways From Moonscoop V. American Greetings
The Sixth Circuit recently renewed the ability of French entertainment and brand-management company Moonscoop SAS to bring a claim for damages and specific performance against American Greetings Corp. regarding the sale to Moonscoop of American Greetings' rights to certain cartoon characters. The case provides practitioners with several contract-drafting lessons, says Vincent Martorana of Reed Smith LLP.
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What’s Making Attorneys Flee Their Firms?
This year has seen a spike in lateral movement among partners and senior associates in the legal profession. A survey from The Closers Group has revealed that many attorneys want business development training and are willing to apply what they learn — and law firms that provide it are more likely to keep their lawyers professionally satisfied, says Steven Taylor, a legal journalist.
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Case Study: Summit Petroleum V. EPA
In Summit Petroleum Corp. v. U.S. Environmental Protection Agency, the Sixth Circuit has vacated an EPA decision concerning whether a natural gas operations plant and nearby wells were “adjacent” for air permitting purposes. The decision is important because the plant and wells together would have sufficient potential emissions so as to be considered a major stationary source, say Jeryl Olson and Eric Boyd of Seyfarth Shaw LLP.