Ninth Circuit Rejects Alaskan Village's Bid for Damages Over Eroding Coastline
The U.S. Court of Appeals for the Ninth Circuit on Sept. 21 found that the village of Kivalina could not recover money damages from ExxonMobil Corp., BP America Inc., Chevron Corp. and other energy companies for greenhouse gas emissions the plaintiffs said threaten the destruction of their coastal homes.Assessing Impact of the `Festo` Cases
OME LANDMARK decisions are recognized as having drastically changed the practice of patent law. One such Supreme Court decision is Markman v. Westview Instruments, Inc ., 1 which led to a pre-trial claim interpretation hearing, known as the Markman hearing, becoming part of most patent infringement suits. The recent Supreme Court and Federal Circuit decisions in Festo Corp. v. Shoketsu Kizoku Kogyo Kabushiki Co., Ltd ., 2 are likely to have a similar impact on the practice of patent law. In fact, the FederaBusinesses See Problems After Sept. 11
ALTHOUGH Seth Pehr, a locksmith in the World Trade Center, survived the events of Sept. 11, his business did not. Except for a few things he was able to retrieve, the entire contents of his 26-year-old shop were demolished and now reside in the Fresh Kills landfill, indistinguishable from the detritus of the hundreds of other businesses that were once located in the ill-fated complex.Is Mediation Confidential in New York?
Richard S. Weil, a mediator, writes that mediation agreements that spell out what is confidential and how it is protected are the best approach; court rules are generally less comprehensive; and both are subject to court interpretations and applications.DHCR Clarifies Ruling; Bill Suggests Relief to Landlords
Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, write: As the dust continues to settle, some of these questions raised in Roberts v. Tishman Speyer Properties are now being answered. Indeed, the state Division of Housing and Community Renewal has issued two clarifying rulings in recent weeks. In addition, proposed legislation would allow landlords to avoid the consequences of Roberts by refunding past J-51 benefits and waiving future benefits.Discovery of Phone, Laptop Records Permitted in Lawsuit
An upstate appeals court has ordered cell phone records and the wireless air card from a laptop computer to be examined during discovery in suits filed by two automobile passengers injured when their vehicle was hit by a driver they contend may have been distracted by his electronic communications devices. Rejecting right-to-privacy arguments, the unanimous Appellate Division, Third Department, panel cited the tradition of courts "liberally" construing discovery statutes when ordering an examination of the devices held by drivers in accidents.Trending Stories
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