Category Archives: Business Resources
Hertz v. Friend: A Corporation’s Principal Place of Business is Its Nerve Center
By: Jordan Wood
Christian & Small, LLP
Birmingham, AL
On February 23, the Supreme Court reached a unanimous decision regarding how to determine a corporation’s principal place of business for purposes of diversity jurisdiction. The opinion of Hertz v. Friend, authored by Justice Stephen G. Breyer, stated a corporation is a citizen of a state where its “nerve [...]
Iqbal Energizes Motion to Dismiss Practice
By: Barry Miller and Casey Stansbury*[1]
Fowler Measle & Bell PLLC
Lexington, KY
The question before the Supreme Court seemed narrow: Had an alleged terrorist stated a claim in his complaint over the conditions of his confinement after arrest? The short answer was “no.” Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009). But how the court phrased that answer, has [...]
Carte Blanche vs. Strict Construction: A Battle of Interpretations to Section 1430(b), California Health & Safety Code
By: Sezen Z. Oygar
Neil, Dymott, Frank, McFall & Trexler APLC
San Diego, CA
If you haven’t experienced it yet, the chances are, you will. Whether you represent a skilled nursing facility or other health care provider, defending a case premised upon the violation of the Patients Bill of Rights just became a little more complicated; and even [...]
Seventh Circuit Court of Appeals Rules that Federal Jurisdiction Under the Class Action Fairness Act is Not Dependent on Class Certification
By:Bradley C. Nahrstadt
Williams Montgomery & John Ltd.
Chicago, IL
In Cunningham Charter Corp. v. Learjet, Inc., __ F.3d __, 2010 WL 199627 (7th Cir. Jan. 22, 2010), in a case of first impression, the Seventh Circuit Court of Appeals ruled that federal jurisdiction under the Class Action Fairness Act (CAFA) does not depend on whether a class [...]
The Michigan Supreme Court Confirms that an Owner of a Construction Site May Not Be Sued Under a Premises Liability Theory for an Injury to the Employee of a Contractor on the Construction Site
By: Anthony Caffrey, III
Cardelli, Lanfear & Buikema, P.C.
Royal Oak, MI
In a recent order, the Michigan Supreme Court reversed the Michigan Court of Appeals on the issue of whether a premises liability claim may be asserted against the owner of a construction site for an injury to an employee of subcontractor. For several decades, Michigan law [...]
Court Dismissed Plaintiff’s Complaint With Prejudice for Failure to Provide Expert Report
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Haddonfield, NJ
In Choi v. River Terrace Gardens Associate, 2010 WL 26495 (N.J.Super. January 6, 2010), Plaintiffs appealed from an order dismissing their complaint with prejudice pursuant to Rule 4:23-5(a)(2) and denying their motion to reinstate the complaint. Among the discovery deficiencies alleged was plaintiffs’ failure to provide any expert [...]
New Jersey’s Law Against Discrimination Prohibits Sexual Harassment and Discrimination in Business Owners and Client Relationships
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Haddonfield, NJ
In J.T.’s Tire Service, Inc. v. United Rentals North America, Inc., — A.2d —, 2010 WL 26495 (January 6, 2010), Plaintiffs, J.T.’s Tire Service, Inc. (J.T.) and its sole owner Eileen Totorello, filed a complaint alleging discriminatory refusal to do business, under the Law Against Discrimination (LAD), against [...]
Recent Changes in Federal Transfer Taxes: How the Current Uncertainty May Affect Your Clients
By: David M. Lenz and J. Paul Fidler
Schneider, Smeltz, Ranney & LaFond P.L.L.
Cleveland, OH
The new calendar year brought with it dramatic changes in the federal transfer tax laws. These changes could significantly affect your clients’ planning strategies or even alter the way in which their property is distributed under their existing estate plan documents. Below [...]
Welcome to California: Watch Out For Those Speed Bumps!
By: June Lin
Niesar & Vestal LLP
San Francisco, CA
California has some quirky laws that often surprise lawyers from other states who are involved in California-based transactions. It is not always clear where some of our laws are going, or which direction a business person is meant to take.
To help you maneuver your way around these speed [...]
Business Brokers and M&A Advisors Should Be Wary
By: K. Andrew Hall
Krass Monroe P.A.
Minneapolis, MN
Many of us who work in corporate finance represent companies who engage a business broker or M&A advisor when our client desires to sell the business. We also may represent business brokers and M&A advisors who help companies sell the business. For convenience, this article refers to both as [...]
In Re Bilski: Will it Be a Blockbuster?
By: Henry Sneath
Picadio Sneath Miller & Norton, P.C.
Pittsburgh, PA
Argument was heard before the United States Supreme Court on Monday, November 9, 2009, in the potential landmark patent case, In re Bilski. (appeal from 545 F.3d 943, 88 U.S.P.Q. 2d 1385, Fed. Cir. 2008). Disappointed patent applicant Bernard Bilski appealed the USPTO’s denial of patent protection [...]
The Third Circuit Rejects the Argument that the Supreme Court’s “But-For” Analysis Set Forth in Gross V. FBL Financial Supercedes the Burden-Shifting Process Adopted In McDonnell Douglas Corp. V. Green in All Age Discrimination Cases
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Haddonfield, NJ
In Smith v. City of Allentown, — F.3d —-, 2009 WL 4912120 (3d Cir. (Pa.) December 22, 2009), plaintiff filed suit against the City of Allentown and its mayor claiming discrimination based upon his age and political affiliation after he was discharged as a city superintendent (he had [...]
Potential Physician Liability: Distinguishing Medical Services from Products
By: Jonathan R. Ehtessabian
Neil, Dymott, Frank, McFall & Trexler APLC
San Diego, CA
Law has long established physicians cannot be held liable on a products liability theory for a defective product that was used on a patient during a course of treatment. Silverhart v. Mount Zion Hospital (1971) 20 Cal.App.3d 1028. A doctor’s business is to provide [...]
Court Relief is Not Enough: Diligent Trademark Management is the Best Defense Against Fraud Attacks
By: Cheryl L. Black
Goodman Allen & Filetti, PLLC
Glen Allen, VA
Why does it take a crisis to get our attention and to make us do what we already know to do? For years, I have tried in vain to get my three sons to practice good hygiene and maintain a healthy diet. “Wash your hands [...]
Legal Practice in a HITECH Environment: An Overview of the HITECH Act and its Affect on Lawyers as Business Associates
By: Kristi L. VanderLaan
Goodman Allen & Filetti, PLLC
Glen Allen, Virginia
As the one year anniversary of the American Recovery and Reinvestment Act of 2009 (the “ARRA”) draws near and many of the HITECH provisions become effective, attorneys need to be cognizant of the potential implications for our clients and for the practice of law.
The ARRA was [...]
What Makes a Good Franchise Attorney
By K. Andrew Hall
Krass Monroe, P.A.
Minneapolis, MN
Buying a franchise can be a great path from leaving a “job” to becoming a successful small business owner. Whether you are a corporate employee who has been downsized, a stay-at-home parent whose children are now in school or you simply have wanted to own your own business, franchising [...]
Using Earnouts to Create Solutions in Mergers & Acquisitions
By Joel Weinstein
Rutter Hobbs & Davidoff Incorporated
Los Angeles, CA
Buyers and sellers of businesses often use earnouts to resolve pricing differences. An earnout is a contractual obligation that increases the amount paid for a business if performance milestones are met. Earnouts also encourage sellers who remain with the merged business post-closing to continue supporting the company. [...]
Welcome to California: Watch Out For Those Speed Bumps!
By: Gerald Niesar and June Lin
Niesar & Vestal LLP
San Francisco, CA
California has some quirky laws that often surprise lawyers from other states who are involved in California-based transactions. It is not always clear where some of our laws are going, or which direction a business person is meant to take.
To help you maneuver your way [...]
Federal Trade Commission Delays Enforcement of “Red Flag” Identity Theft Rule
By: Stephen D. R. Taylor
Kohner, Mann & Kailas, S.C
Milwaukee, WI
The Federal Trade Commission (FTC) “Red Flag Rule,” which would have required a large number of businesses to adopt identity theft protection and mitigation policies and procedures, was scheduled to come into effect on November 1st. However, at the 11th hour, the FTC delayed enforcement until [...]
Clients Should Accelerate Debt Recovery Now! Business Bankruptcies to Rise in 2010
By: Steve Kailas & Stephen Taylor
Kohner, Mann & Kailas, S.C.
Milwaukee, WI
If we are lucky, we have reached the end of the recession. Commercial markets are already slowly improving and recent corporate earnings reports show that many companies have cut costs drastically and are paying off debt and building cash reserves. Unfortunately, most have not, but [...]
Missouri Supreme Court Decision Changes Defense of Work-Related Injury Claims
By: Adina Johnson
Wuestling & James, P.C.
St. Louis, MO
In its recent McCracken decision, the Missouri Supreme Court significantly changed the defense of work-related injury claims. In Missouri, the Workers’ Compensation Act governs claims for work-related injuries. Pursuant to the Act, when an employee is injured on the job, he must bring his claim, not to civil [...]
Teague Campbell Promotes Two Attorneys
Teague Campbell Dennis & Gorham, L.L.P. (Raleigh, NC) is pleased to announce that Christopher G. Lewis and Jacob H. Wellman became partners in the firm on January 1, 2010.Jacob and Chris both enjoy an active litigation practice with a focus on Professional Liability, Real Estate Litigation, Construction Litigation and Insurance Coverage.
For more info on Teague [...]
When the Government Knocks – How to Answer
By: William A. Coates
Roe Cassidy Coates & Price, P.A.
Greenville, SC
The past ten years have seen an emphasis on prosecutions of corporations and their employees by both federal and state authorities. If the pronouncements of the present administration in Washington are to be believed, this emphasis will only increase in the coming years. Most corporations do [...]
Excess Insurer Has No Duty to Indemnify Where Excess Insurer Policy Incorporates Prior Knowledge Exclusion of Primary Insurance Policy, and Insured Had Prior Knowledge of Potential Claim
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Hassonfield, NJ
In Executive Risk Indemnity Inc. v. Pepper Hamilton, LLP, — N.E.2d —, 2009 WL 3347222 (N.Y. Oct. 20, 2009), the New York Supreme Court was asked to determine, under Pennsylvania law, whether excess insurers Executive Risk Indemnity Inc. and Twin City Fire Insurance Company, based upon their prior [...]
The ADA’s Protections for Alcoholism Do Not Protect an Employee From Termination if it Affects His Ability to Show Up for Work
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Hassonfield, NJ
In Vandenbroek v. PSEG Power CT LLC, 2009 WL 4730427 (2nd Cir. Dec. 11, 2009), Plaintiff Bruce VandenBroek appealed from an award of summary judgment in favor of defendant PSEG on his claims that PSEG terminated him for being an alcoholic and for taking medical leave in violation [...]
No Cause Of Action Exists Under the New Jersey Law Against Discrimination (LAD) for Discrimination in Pay When Discrimination is Based on “Discrete Acts” that Occurred Outside of the Statute of Limitations
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Hassonfield, NJ
In Alexander v. Seton Hall Univ., — A.2d —, 2009 WL 4572344 (N.J. Super A.D. Dec. 7, 2009), three long-time female Seton Hall University professors alleged age and sex discrimination in pay in violation of the New Jersey Law Against Discrimination (LAD).
In the fall of 2004 and fall [...]
Assessing Settlement and a Plaintiff’s Right to Recover Economic Damages after Howell v. Hamilton Meats & Provisions, Inc.
By: M. Todd Ratay
Neil, Dymott, Frank, McFall & Trexler APLC
San Diego, CA
On November 23, 2009, the California Court of Appeal, 4th District, in Howell v. Hamilton Meats & Provisions, Inc., 2009 Cal. App. LEXIS 1874, held that a Plaintiff with private health care insurance may recover as economic damages the amount of past medical expenses [...]
McNeer Attorneys Obtain Summary Judgment in Favor of Their Client
McNeer, Highland, McMunn & Varner, L.C. (Clarksburg, WV) is pleased to announce that attorneys, Jim Varner and Debra Herron obtained summary judgment in favor of their client, a truck insurer in a negligent and intentional spoliation case in the U.S. District Court for the Northern District of West Virginia. The case arose when the insurer [...]
The NFL Attempts to Convince the Supreme Court That its Teams Are Not Competitors, Except On the Playing Field
By: Robert G. Wilson
Cotkin Law Group
Los Angeles, CA
The National Football League consists of 32 teams, based in nearly as many separate markets. For 17 weeks in the fall and winter of each year, as well as the playoffs thereafter, the NFL’s teams vigorously compete with each other to make the playoffs and, then, to win [...]
Is a Country Club Membership a Security?
By: June Lin
Niesar & Vestal LLP
San Francisco, CA
Welcome to California: Watch Out For Those Speed bumps!
California has some quirky laws that often surprise lawyers from other states who are involved in California-based transactions. It is not always clear where some of our laws are going, or which direction a business person is meant to [...]
