Principles of Remedies

US Fed News, May 24, 2015 Sunday 4:17 PM EST

 WASHINGTON, May 24 -- Harsco Corp., Camp Hill, Pa., files Form 8-K (current report) with Securities and Exchange Commission on May 22. State or other jurisdiction of incorporation: Delaware Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. Appointment of General Counsel
 ASBESTOS UPDATE: Diamond Offshore Continues to Defend PI Suits
Lloyd's Asbestos Litigation Reporter, May 23, 2015

 Jharkhand High Court order: L.P.A. No. 120 of 2014
Pakistan Law Reporter, May 23, 2015 Saturday

  High Court of Jharkhand has issued the following order:  THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 120 of 2014Central Bank of India having its branch at main road P.O. And P.S. Bistupur, townJamshedpur, District­ Singhbhum (East) through its Chief Manager  Sri  ChandramoniSamal, Son of Late Kalandi Samal, Resident of Bhagwati Enclave, A2­6/1 Adityapur, P.O.And   P.S.   Adityapur,   town   Jamshedpur   District   Saraikella   Kharsawan   Jharkhand  ............ Appellant Vs.
 Jharkhand High Court order: M.A. No. 255 of 2012
Pakistan Law Reporter, May 23, 2015 Saturday

  High Court of Jharkhand has issued the following order:  IN THE HIGH COURT OF JHARKHAND AT RANCHIM.A. No. 255 of 2012 1. Dr. Krishna Kumar, S/o Late Lal Krishna Prasad2. Amit Kumar Sinha, S/o Dr. Krishna Kumar, Both R/o Bhabya Bhawan, HouseNo. 493/H-2, Aryapuri, Ratu Road Ranchi, P.O.-Hehal, P.S.-Sukhdeo Nagar, Dist.-Ranchi …… AppellantsVersusThe New India Assurance Co. Limited, Sada Complex Transport Nagar, P.O. &P.S.-Korba Chhatisgarh, Divisional Office at Atmaram Bhawan, RadheshyamLane, Main Road, Ranchi, P.O & P.S.-Kotwali, Dist.-Ranchi…… Respondent---------CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA---------For the Appellants : Mr. Rajiv Anand, AdvocateFor the Respondent : Mr. G.C. Jha, Advocate --------- 15/Dated: 06/05/2015This appeal has been preferred against the judgment/award dated05.09.2012, passed by Presiding Officer, Motor Accident Claims Tribunal,Ranchi in Compensation Case No. 96 of 2007, whereby the Tribunal awardedcompensation amount of Rs. 4,19,304/- with interest @ 6% per annum from theclosure of evidence i.e. 31.05.2010.
 Jharkhand High Court order: M.A.No.365 of 2014
Pakistan Law Reporter, May 23, 2015 Saturday

  High Court of Jharkhand has issued the following order:  1IN THE HIGH COURT OF JHARKHAND AT RANCHIM.A.No.365 of 2014Reliance General Insurance Company Ltd.having its office at 49, Dobson Road, 2nd floorHowrah, through its Centre Manager Sri Sourav BanerjeeS/o Baidynath Banaerjee, R/o Romm No.508, GitanjaliEnclave, P.O & P.S. Lalpur, Distt. Ranchi .… AppellantVersus1. Smt. Miru Hembrom w/o Kariya Hembrom2. Minor Sandip Hembrom,S/o Kariya Hembrom3. Smt. Raude Hembrom, w/o late Gopal Hembromand mother of deceased Kariya Hembrom.
 Suit: Former HR director for Bellwood School District fired for reporting employee's drug
Chicago Sun-Times, May 23, 2015 Saturday

 A former tenured teacher who became the human resources director for west suburban Bellwood School District 88 is claiming she was fired after asking officials to dismiss an employee who tested positive for illegal drugs.
 Calcutta High Court order: CO 1353 of 2015
Pakistan Law Reporter, May 22, 2015 Friday

  Calcutta High Court has issued the following order:  105.05.2015Court No. 02Item No. SL-35snandy(DISPOSED OF)CO 1353 of 2015Sanat Kumar Singha RoyVs.The Board of Councilor, Tarakeswar Municipality & Anr.Mr. Sabyasachi Bhattacharya, AdvocateMr. Rafikul Islam Sardar, Advocate……for the PetitionerMr. A.K. Rakshit, AdvocateMr. R.P. Motilal, AdvocateMr. Monmohan Basu, Advocate……for the Opposite Party No. 2Mr. Keshab Chandra Das, Advocate……for the Municipality The challenge is made to an order no. 6 dated February11, 2015 passed by the learned Civil Judge (Junior Division),Second Court, Chandannagar in Municipal Appeal No.
 Court of Appeal of New Brunswick: Fédération des producteurs acéricoles du Québec v. S.K. Exports Inc. and St-Pierre, 2015 NBCA 30 (CanLII)
Canadian Government News, May 22, 2015 Friday

 FLORIDA:Post-Sale Negligence Claims in Florida Motor Vehicle Defect Cases
US Official News, May 22, 2015 Friday

US Official News, May 22, 2015 Friday

 Canada: Ontario Court Of Appeal Conclusively Dismisses Generic's Unjust Enrichment Arguments In Section 8 Case (Intellectual Property Weekly Abstracts Bulletin - Week Of May 18)
Mondaq Business Briefing, May 21, 2015 Thursday

 Edited by Chantal Saunders , Beverley Moore and Adrian Howard Patent Decisions Ontario Court of Appeal Conclusively Dismisses Generic's Unjust Enrichment Arguments in Section 8 Case Apotex Inc. v. Eli Lily and Company, 2015 ONCA 305 Drug: atomoxetine Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice ofCompliance) Regulations (the NOC Regulations). As part of the case, Apotex seeks damages pursuant to s. 8, under the Statute of Monopolies (U.K.), the Ontario Statute of Monopolies, and the Trade-Marks Act, as well as a disgorgement of Lilly's profits due to alleged unjust enrichment. This case considered an appeal of Lilly's motion to dismiss the unjust enrichment claim. Apotex argued that the unjust enrichment claim was different than that previously considered by the Federal Court of Appeal, as this claim alleged that due to the finding of invalidity with respect to Lilly's patent, and allegations of misrepresentation, the NOC Regulations could not be relied upon as a valid juristic reason for Lilly to be immune from an unjust enrichment claim.
 Constitution Amendment - Reps Moves to Override President's Veto
Daily Independent (Lagos), May 21, 2015

 The controversies trailing the Constitution amendment yesterday took a new dimension as the House of Representative amended its relevant rules and sections that will enable it over ride the veto powers of the President in Constitutional amendment.
 FORM 8-K: Transocean Ltd FILES Current report
US Official News, May 21, 2015 Thursday

 Gordagen Pharmaceuticals Wins High Court of Malaysia Judgement for Breach of Confidentiality
PR Newswire, May 21, 2015 Thursday 12:14 AM EST

 Gordagen Pharmaceuticals Pty. Ltd., a private Australian company commercialising evidence-based dietary supplements and pharmaceuticals, today announced that the High Court of Malaysia has issued a judgement against Ms. Nurul Athirah binti Sufi (Ms. Athirah), a former employee of the Company. Ms. Athirah was represented to Gordagen in January 2014, as a chartered accountant with auditing skills. During the time of her employment she undertook key financial duties and was privy to highly confidential information.
 Interim injunctions: Investigating the Symed 'linezolid' saga - Part II
Spicy IP, May 21, 2015 Thursday 6:30 AM EST

 In Part I of this post, I used the Symed linezolid case study to analyse the contentiousness of establishing a prima facie case in interim injunction applications. I highlighted both the complexity of the question and the uncritical analysis that accompanied the injunction award in those instances. In this post I look at the next two limbs of the interim injunction test to see how well the judges fared on this analysis.
 Punjab-Haryana High Court Laxman Thapa vs Dharam Singh And Ors
Pakistan Law Reporter, May 21, 2015 Thursday

 Punjab-Haryana: FAO No.2030 of 2005 1  IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.  Date of decision: 19.05.2014 FAO No.2030 of 2005  Laxman Thapa  ... Appellant  Versus  Dharam Singh and another ... Respondents  CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH  1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest?  Present: Mr. Ashwani Arora, Advocate, for the appellant.
 Rajasthan High Court Mr. Kamlakar Sharma vs The Writ Petition Is Accordingly
Pakistan Law Reporter, May 21, 2015 Thursday

  IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B Civil Writ Petition No. 2893/2008 Jabir Hussain v. State of Rajasthan & Ors Date of Judgment :: May 15, 2015 PRESENT Honble Mr. Justice Alok Sharma  Mr. Kamlakar Sharma, Sr. Advocate with Mr. Madhu Sudan Rajpurohit and Mr. Madhav Mitra for the petitioner Mr. R.N. Mathur Sr. Advocate with Mr. Prateek Mathur Mr. A.K. Sharma, Sr. Advocate with Mr. Vishnu Sharma, Mr. Ashwani Chobisa and Mr. Mahesh Gupta for the respondents  Mr. Anurag Sharma-for the State Impugned in this writ petition is the order of cancellation of the petitioner's quarry licence on 3.3.2008 duly transferred to him by respondent No.4- Abdul Jabbar and endorsed at the relevant time by the Mining Department on 3.12.1988 as also renewed from time to time till 30.9.2007. A further renewal application was then pending with the Mining Department. Also under challenge is the letter dated 18.2.2008 by the Dy. Secretary, Government of Rajasthan to the Director, Mines to cancel the transfer of the quarry licence to the petitioner and the consequent letter of the Director to the Mining Engineer sent on 21.2.2008- which in turn culminated in the impugned order dated 3.3.2008 referred to above.
 Rajasthan High Court S.B Civil Writ Petition No. ... vs Unknown
Pakistan Law Reporter, May 21, 2015 Thursday

  Rajasthan: IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT 1. S.B Civil Writ Petition No. 3789/2009 Jabir Hussain v. The State of Rajasthan & Ors 2. S.B Civil Writ Petition No. 6012/2009 Abdul Jabbar v. State of Rajasthan & Ors Date of Judgment :: May 15, 2015 PRESENT Honble Mr. Justice Alok Sharma Mr. Kamlakar Sharma, Sr. Advocate with Mr. Sahid Hasasn, Mr.Madhu Sudan S. Rajpurohit for Jabir Hussain Mr. A.K Sharma, Sr. Advocate with Mr. Mahesh Gupta, Mr. Ashwani Chobisa for Abdul Jabbar Mr. Anurag Sharma-AAG for the State The two writ petitions are being decided by this common Judgment as they arise from the same proceedings pertaining to cancellation of quarry licence No. 70/2002 vide order dated 21.4.2007 passed by the Mining Engineer, Makrana for alleged deficiencies in the course of mining operations by the licencee Jabir Hussain following the transfer of quarry licence to him from Abdul Jabbar and endorsed at the relevant time by the Mining Department on 3.12.1988.
 United States Courts Opinions: United States District Court Eastern District of California: LORENZO GREGGE, JR., Plaintiff, v. MATTHEW KATE, et al
US Official News, May 21, 2015 Thursday

 Washington: H.R.2486 - To amend the Internal Revenue Code of 1986 to disallow deductions for the payment of compensatory and punitive damages to a government, and for other purposes.
US Official News, May 21, 2015 Thursday

 'NLC pickets NIPOST headquarters
Nigerian Tribune, May 20, 2015 Wednesday

 All activities at the headquarters of Nigeria Postal Service (NIPOST) was brought to a halt on Wednesday, as members of the Nigeria Labour Congress (NLC), in their hundreds, picketed the premises over an alleged violation of the constitution of the Federal Republic of Nigeria and the extant labour law on right to association. Led by the NLC President, Comrade Ayuba Wabba, the protesters stormed the corporate headquarters of NIPOST at about 7.00 a.m., and barricaded the entrance to the premises, preventing workers from entering into their offices.
 BOSTON SCIENTIFIC: Johnson & Johnson Suit Settled in February
Lloyd's Corporate Litigation Reporter, May 20, 2015

 Builder settles for 300k after fall damaged his sight, taste, and smell
Irish Examiner, May 20, 2015 Wednesday

 Con Oxley, from Cullahill, Co Laois, fell 2.5m and the High Court heard he has been left with poor vision in his left eye, and suffered a loss of taste and smell.
 Canada: The International Comparative Legal Guide To: Trade Marks 2015 - Canada
Mondaq Business Briefing, May 20, 2015 Wednesday

 1 Relevant Authorities and Legislation 1.1 What is the relevant Canadian trade mark authority? The Canadian Intellectual Property Office ("CIPO"), an agency of Industry Canada, is responsible for the administration and processing of intellectual property in Canada. The Office of the Registrar of Trademarks (the "Registrar") oversees the trademark process in Canada and is the governing authority on matters relating to trademarks. 1.2 What is the relevant Canadian trade mark legislation? The Canadian Trade-marks Act, R.S.C. 1985, c. T-13, as amended is the relevant Canadian trademark legislation.
 Disputed Oil Blocks - Supreme Court Orders Parties to Maintain Status Quo
Daily Trust (Abuja), May 20, 2015

 The Supreme Court on Monday ordered that Chevron and Britannia-U Nigeria Limited take no action on the sale of the oil mining assets OML52, OML 53 and OML 55 to Seplat Petroleum Development Company.
 Ex-Parte Orders - How Problematic?
Daily Independent (Lagos), May 20, 2015

 According to Black's Law Dictionary, an Ex-parte is a judicial proceeding or order that is: "On one side only; by or for one party; done for, on behalf of, or on the application of one party only." A judicial proceeding, order, injunction and so on, can be said to be ex-parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to or contestation by any person adversely interested. In Nigeria, there have been instances where ex-parte orders have been really problematic. TUNDE OPESEITAN, in this report, examines such instances. On August 4, 2009, a Federal High Court in Lagos issued an ex-parte order directing parties in a suit filed by aggrieved shareholders of the then African Petroleum (AP) Plc against billionaire businessman, Aliko Dangote and a stock broking firm, Nova Finance and Securities Limited to maintain status quo pending the hearing and determination of the suit. The suit, basically, was filed to challenge how Dangote allegedly used his position as Vice President of the Nigerian Stock Exchange (NSE) to manipulate the shares of AP.
 Finance Minister Ordered
The New Republic Liberia, May 20, 2015

 The Civil Law Court in Monrovia has ordered the Minister of Finance and Development Planning, Amara Konneh, to pay a former director of the Large Tax Division of the defunct finance ministry, Eric Nagbe the sum of US1.6 million in damages, thus bringing to an end a long-running legal tussle between the two characters which began in 2012 through their respective legal representatives.
 Health Care Stocks Top Hedge Fund Buys in S&P Capital IQ® Quarterly Hedge Fund Tracker; Research also Spotlights ETFs That Mirror Hedge Fund Strategies
PR Newswire, May 20, 2015 Wednesday 10:00 AM EST

  S&P Capital IQ®, a leading provider of multi-asset class research data and insights, today released its review of  Q1 2015 13F filings by pure play hedge funds.  The quarterlyS&P Capital IQ Hedge Fund Trackeris an aggregate analysis of hedge fund stock ownership that spotlights hedge fund investments in specific stocks and sectors.   As a complement to the quarterly report, S&P Capital IQ also produced a Trends & Ideas research note which calls out ETFs that give investors exposure to hedge fund buying and selling trends. The Q1 Hedge Fund Tracker analysis finds that the health care sector has driven the lion's share of buying among the largest pure play hedge fund managers, with net buys of $4.8 billion in the quarter.  The largest single stock purchase and the largest sell was Valeant, with $3.7 billion in overall buys and $1.4 billion in sells in the first quarter.  This was the first time in eight quarters of running the research that a single company was simultaneously the top buy and top sell among hedge funds. 
 SCAN Associates : Announcement
News Bites - Asia: Malaysia, May 20, 2015 Wednesday

 MALAYSIAN DAILY STOCK REPORT [News Story] Material Litigation With reference to the Company's announcement dated 11.5.2015. The Company wishes to announce that the High Court has dismissed the Company's application for an interlocutory injunction with costs in the cause.
Australian Government News, May 20, 2015 Wednesday 9:52 AM EST

 BRISBANE, Queensland, May 20 -- The Supreme Court of Queensland issued the following decision: CITATION: Lee v RACQ Insurance Limited [2015] QSC 120 PARTIES: LIEN-YANG LEE
 3M COMPANY: NRD Lawsuit in Minnesota Remains Pending
Lloyd's Environmental Reporter, May 19, 2015

 3M COMPANY: Three PFC Class Suits Still Pending in Morgan County
Lloyd's Environmental Reporter, May 19, 2015

 Calcutta High Court order: GA No. 177 of 2014
Pakistan Law Reporter, May 19, 2015 Tuesday

  Calcutta High Court has issued the following order: ORDERGA No. 177 of 2014CS No. 12 of 2014IN THE HIGH COURT AT CALCUTTAOrdinary Original Civil Jurisdiction SUNDEEP BHUTORIA & ORS.VersusWIGAN & LEIGH COLLEGE (INDIA) LTD.  BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 4th May 2015.Appearance:Mr. Suddhasatva Banerjee, AdvocateMr. Sarvapriya Mukherjee, AdvocateMr. Dwipraj Basu, Advocate...for plaintiffs/petitioners.Mr. P. C. Paul Choudhury, AdvocateMr. Saurav Choudhury, Advocate...for the defendant.
Australian Government News, May 19, 2015 Tuesday 9:36 AM EST

 SYDNEY, May 19 -- The Federal Court of Australia issued the following decision: Citation: Ocean Dynamics Charter Pty Ltd v Hamilton Island Enterprises Limited [2015] FCA 460
 FORM 8-K: MRC GLOBAL INC FILES Current report
US Official News, May 19, 2015 Tuesday

 Former PSD worker alleges disability discrimination
West Virginia Record, May 19, 2015 Tuesday

 Kroger FMLA suit moved to federal court
West Virginia Record, May 19, 2015 Tuesday

 Madras High Court order: O .A.No.244 of 2013 in C.S.No.231 of 2013
Pakistan Law Reporter, May 19, 2015 Tuesday

  Madras High Court has issued the following order:  1Orders reserved on 14.02.2014 Orders pronounced on 29 .04.2015O .A.No.244 of 2013inC.S.No.231 of 2013R.S.Ramanathan,J.,The applicant/plaintiff filed the suit in C.S.No.231 of 2013 forfollowing reliefs:-a) Permanent injunction, restraining the defendant, by themselves,their Directors, principal officers, successors-in-business, assigns, servants,agents, distributors, retailers, stockiests, advertisers, or any one claimingthrough them from in any manner, passing off or enabling others to pass offtheir products, i.e., noodles as and for the plaintiff's noodles by use of theoffending mark “Magical Masala”, or any mark similar to plaintiff's mark“Magic Masala” or in any other manner, whatsoever;
 Man sues City of Wheeling for family member's wrongful death
West Virginia Record, May 19, 2015 Tuesday

 Man sues loan company for fraud, deception
West Virginia Record, May 19, 2015 Tuesday

 New Jersey: Former N.J. committeeman sues after getting called 'boy' at meeting
US Official News, May 19, 2015 Tuesday

 New Jersey: N.J. woman among first passengers to sue Amtrak following deadly train crash
US Official News, May 19, 2015 Tuesday

 Pennsylvania State Legislature Bill: HOUSE BILL No. 1160
US Official News, May 19, 2015 Tuesday

 Philadelphia Train Crash Passengers Sue Amtrak for Injuries - Law Firm
RIA Novosti, May 19, 2015 Tuesday

 WASHINGTON, May 19 (Sputnik) - Four passengers who were onboard the Amtrak train that derailed near Philadelphia on Tuesday are filing a lawsuit against the US rail company for injuries they sustained in the crash, a Philadelphia-based law firm representing the plaintiffs announced in a statement.
 Poultry company sues Pilgrim's Pride for breach of contract
West Virginia Record, May 19, 2015 Tuesday

 Supreme Court Stops Chevron Oil Bloc Sale to Seplat
Daily Independent (Lagos), May 19, 2015

 As controversy continues to trail the sale of three disputed oil wells, the Supreme Court on Monday, ordered Chevron Nigeria Limited not to take any action regarding the sale of the oil mining assets, OMLs 52, 53 and 55 to Seplat Petroleum Development Company, following an appeal by Britannia-U Nigeria Limited. The appeal was based on the ruling by the Appeal Court vacating an order of interlocutory injunction by the High Court, which had restrained Chevron and Seplat from concluding any deal on the two oil leases.
 United States Courts Opinions: Supreme Court of New York: Hawthorne-King v New York City Hous. Auth.
US Official News, May 19, 2015 Tuesday

 United States Courts Opinions: United States District Court Northern District of California: ANDREW MAXWELL; et al., Plaintiffs, v. DJAFFAR CHETOUANE and DOES 1 through 10
US Official News, May 19, 2015 Tuesday

 Woman accuses Cabell County of discrimination
West Virginia Record, May 19, 2015 Tuesday

 Australia: Proportionate liability: The High Court resolves the dispute
Mondaq Business Briefing, May 18, 2015 Monday

 Yesterday, in Selig v Wealthsure [2015] HCA 18, the High Court resolved the conflict between two Full Federal Court decisions concerning the application of statutory proportionate liability regimes contained in the Corporations Act 2001 and the Australian Securities and Investments Commission Act 2001 (ASIC Act). Ordinarily, concurrent wrongdoers are each liable to a plaintiff for the entirety of the plaintiff's loss, regardless of their respective contributions to that loss. The rule, known as solidary liability, has been displaced in certain circumstances by the introduction of statutory proportionate liability regimes. In respect of claims that are defined as apportionable, the regimes operate to limit the liability of concurrent wrongdoers to their share of responsibility for the resulting loss or damage. Solidary liability remains for claims falling outside the regimes (non-apportionable claims), such as negligence, breach of contract, misleading takeover or fundraising documents or defective disclosure documents. In Selig, the High Court was asked to consider the applicability of the proportionate liability regimes in the Corporations and ASIC Acts where a plaintiff pleads multiple causes of action giving rise to the same loss, and one cause falls squarely within the scope of the regime while the others do not.
 Capital High student sues over alleged sexual assault
West Virginia Record, May 18, 2015 Monday

 Court to Rules On Dispute Over Ikeja Hotel
Daily Independent (Lagos), May 18, 2015

 A Federal High Court in Lagos will on July 3, 2015 rule in one of the many suits plaguing the popular Ibru family. The suits were brought about owing to the internal crisis within the Ibru Dynasty. In the instant suit, Justice Mohammed Yunusa had, on April 16, 2015, restrained a popular figure within the family, Goodie Minabo Ibru from parading himself as a director of Ikeja Hotel Plc. The court also restrained him from interfering with any of the businesses, affairs and operations of Ikeja Hotel whether by himself or through his sons - Akpofure and Ufuoma Ibru.
Australian Government News, May 18, 2015 Monday 10:59 AM EST

 SYDNEY, May 18 -- The Federal Court of Australia issued the following decision: Citation Murray v The Peninsula School [2015] FCA 447
US Official News, May 18, 2015 Monday

 Former police officer sues Ceredo for retaliatory discharge
West Virginia Record, May 18, 2015 Monday

 Group of retailers accuse of state Lottery of 'bait-and-switch'
West Virginia Record, May 18, 2015 Monday

 Ohio Co. couple sues Tunnel Ridge for mining accident injuries
West Virginia Record, May 18, 2015 Monday

 Post-Election Dispute in Rivers
Daily Independent (Lagos), May 18, 2015

 What is streaming at the moment is the anger currently being exhibited at various tribunals across the country. The All Progressives Congress, APC, in Rivers State, did not hesitate to approach the election Tribunal to vent its spleen on the characters behind the alleged rigging of the last elections. APC had cried blue murder, insisting that the last April 11 governorship election in the state was "over-rigged" by the Peoples Democratic Party, PDP. By that act, therefore, the declaration of the PDP candidate, Barrister Nyesom Wike as winner by the Independent National Electoral Commission, INEC, was misplaced. APC hinged its case on the fact that its members, numbering over one hundred, were either killed or maimed by thugs allegedly hired by the PDP during the elections. Information has it that APC had already assembled as much of such visuals of violence as it could gather to make a case at the Tribunal against its arch rival, PDP. The party had in one breath lamented that there was no election at all in the state. The leadership went further to say that Rivers people were ready to testify against the PDP that there was no election as claimed by the party and other auxiliary political parties. APC wanted the election cancelled out-rightly because it was marred with irregularities.
 S/Court bars Chevron, Seplat from selling disputed oil blocks
Nigerian Tribune, May 18, 2015 Monday

 The Supreme Court has ordered Chevron not to take any step or action regarding the sale of the oil mining assets OML52, OML 53 and OML 55 to Seplat Petroleum Development Company following Britannia-U Nigeria Limited's appeal. The appeal filed by Brittania-U Limited arose from the ruling of an Appeal Court, which vacated an order of interlocutory injunction by a High Court, restraining Chevron and Seplat from concluding any deal on the two oil leases.
 Woman alleges unlawful arrest while seeking medical attention for grandmother
The Daily Record (Baltimore, MD), May 18, 2015 Monday

 A Baltimore woman has filed suit against a police officer who she alleges arrested her while she was trying to get medical attention for her grandmother. The woman, identified only as "A.P.," was detained for several hours in November but never had charges filed against her, according to the lawsuit, filed Friday in Baltimore City Circuit Court.
 Fulton County Jury Awards $2.7M Verdict in Fatal Motorcycle Accident
US Official News, May 16, 2015 Saturday

 Australia: Selig v Wealthsure Pty Ltd [2015] HCA 18: Proportionate liability regime
Mondaq Business Briefing, May 15, 2015 Friday

 THE HIGH COURT CLARIFIES AND LIMITS THE APPLICABILITY OF THE CORPORATIONS ACT 2001 (CTH) PROPORTIONATE LIABILITY REGIME In our May 2015 E-alert entitled " Proportionate Liability Update - High Court Clarification Pending", we considered the submissions made on behalf of the Selig's and Wealthsure Pty Ltd ("Wealthsure") to the High Court. The Selig's had appealed the majority decision of the Full Federal Court that the legislative intention of Division 2A of the Corporations Act 2001 (Cth) ("the Act") was that the proportionate liability provisions are enlivened, so long as one successful cause of action is apportionable notwithstanding the balance are not. The only pre-requisite is that the loss and damage for each cause of action be the same. It was also found to be irrelevant that the apportionable claim for the purpose of section 1041L fell outside section 1041H.
 Court Throws Out Case Seeking to Stop African First Ladies Emergency Meeting
This Day (Lagos), May 15, 2015

 An Abuja High Court on Thursday threw out an application filed to stop Mrs. Patience Jonathan from holding an emergency meeting of African First Ladies Peace Mission (AFLPM) in Abuja today, May 15.
 McFadyen files suit seeking job back
Star-News (Wilmington, NC), May 15, 2015 Friday

 NEW HANOVER COUNTY | Marvin McFadyen, former New Hanover County elections director, is suing the county, the county board of elections, the N.C. Board of Elections and the state board members after he was fired earlier this year. In the lawsuit, filed Thursday in New Hanover County Superior Court, McFadyen seeks reinstatement of his former position and compensatory damages. On Jan. 7, the New Hanover County Board of Elections, in a 2-1 vote, petitioned the state, requesting the state board remove McFadyen. Later that month, McFadyen filed a response to the 44-page petition against him, denying the allegations. State board Deputy Director Amy Strange granted the county board's petition to remove McFadyen in early February.
 PetroRio 1Q15 Earnings Results
Market News Publishing, May 15, 2015 Friday 6:56 PM PST

 HRT PARTICIPACOES EM PETROLEO S.A. ("HRP-V;HRTPF,HRTPY-0") - PetroRio - PetroRio1 (current brand of HRT Participacoes em Petroleo S.A. - "HRT", "HRTP" or "Company") announces its results for the first quarter of 2015 (" MESSAGE FROM MANAGEMENT PetroRio continued overcoming great challenges in this first quarter, working hard to come out stronger from this challenging scenario. The decline in Brent prices, coupled with the tough macroeconomic scenario which has been affecting the Brazil, particularly the oil and gas industry, created challenges in terms of hiring services and cutting costs, but the Company has been recording healthy results by following the strategy initiated in 2014.
 Court Hears Patience Jonathan's Bid to Stop Aisha Buhari As Head of Africa First Ladies
The Guardian, May 14, 2015

 An Abuja High Court yesterday fixed today for hearing of an application filed by eight Nigerian women, seeking to restrain Dame Patience Jonathan from holding an emergency meeting of African First Ladies Peace Mission (AFLPM) in Abuja tomorrow.
 Jailed: The callous and despicable' men who stole phone from dying man in South Shields
Sunderland Echo, May 14, 2015 Thursday

  TWO heartless friends who took a dying man's phone as he lay unconscious in a cold, dark street have been branded "callous and despicable" and put behind bars. Scott Stephenson and Dale Walker took away the 22-year-old victim's only lifeline when they pocketed his iPhone and left him to die from hypothermia in a back lane in South Shields, South Tyneside, on a cold and wet night last December.  Newcastle Crown Court heard the pair had seen their victim fall after leaving a Metro train at Chichester and went back half an hour later to where he was slumped so they could take what they could get.
 OU employee sues Board of Regents on claims of discrimination
Oklahoma Daily: University of Oklahoma Norman Campus, May 14, 2015 Thursday

 A university faculty member has sued the OU Board of Regents over claims she was discriminated against at work, according to NewsOK. In her lawsuit, Kimberly R. Miller, the human resources director for the OU athletic department, claims she has been subject to unequal employment conditions, paid less and received less benefits because of her gender and race. Miller also claims in her lawsuit that she has a disability, and that she was denied accommodations she needed to work after requesting them. Miller is seeking economic, compensatory and punitive damages, according to the report. Read the full story here.
Financial Markets Regulatory Wire , May 14, 2015 Thursday

 -S&P -Peeking Inside The Black Boxes: Why North American Life Insurers Are Using Captives And Why It Matters
ENP Newswire, May 13, 2015 Wednesday

 North American life insurance investors face a tough task.Unlike in other industries where companies know their cost of goods sold at the time of sale, insurers won't know the true cost of their products for decades.This time lag creates complex balance sheets that depend heavily on actuarial assumptions. As if evaluating these weren't hard enough, actuaries, accountants, and regulators strongly disagree among themselves about how to measure liabilities. Because of the different methodologies and assumptions, insurers commonly present results on several different bases that tell radically divergent stories about their profitability and capitalization.
 Arco Vs Agip - 'Missing Case File' Causes Court to Adjourn to June 23
This Day (Lagos), May 13, 2015

 The Federal High Court sitting in Port Harcourt yesterday adjourned hearing on a matter filed by an indigenous oil servicing firm, Arco Group Plc, against the Nigerian Agip Oil Company Limited (NAOC). The court, presided over by Justice Lambo Akanbi, was to rule on a motion filed by counsel to Agip, Thompson Okpoko (SAN) challenging the jurisdiction of the court to hear the suit. On resumption of sitting Wednesday, however, Akanbi said he could not find the case file and adjourned the matter to June 23 within which period he hoped to find the misplaced file.
 Arco's Suit - Court to Hear Agip's Application On Jurisdiction Wednesday
This Day (Lagos), May 13, 2015

 A Federal High Court sitting in Port Harcourt will this Wednesday decide whether it has jurisdiction to hear the suit filed by an indigenous oil servicing firm, Arco Group Plc, against the Nigerian Agip Oil Company Limited. Arco had dragged Agip, Nigerian National Petroleum Corporation (NNPC), Conoco Philips Petroleum Nigeria Limited and the Nigeria Petroleum Investment Management Services (NAPIMS) before the court to determine whether in view of the provision of section 3 subsections (2) and (3) of the Nigerian Oil and Gas Industry Content Development Act, 2010, having demonstrated ownership of equipment, Nigerian personnel and capacity to execute the task of performing the contract for the maintenance service of rotating equipment at the Nigerian Agip Oil Company gas plants at OB/OB, Ebocha and Kwale, it is entitled, being a Nigerian company, to the exclusive right to be considered and granted such contract including any extension of its duration?
 CRANE CO: Completed Obligations Under Roseland Lawsuit Settlement
Class Action Reporter, May 13, 2015

 Crane Co. said in its Form 10-K Report filed with the Securitiesand Exchange Commission on February 25, 2015, for the fiscal yearended December 31, 2014, that the Company completed allobligations required of it to complete the settlement of a lawsuitrelated to the Roseland Site.
 Follow experts' view on tree plantation before Kumbh: HC
DNA, May 13, 2015 Wednesday

 In a bid to save over 1,000 trees from being felled for road widening for the Kumbh Mela, the Bombay high court has directed Nashik Municipal Corporation (NMC) to first carry out tree transplantation or do re-plantation as recommended by the expert committee.
 PRA Group unit to ask court to overturn $83.3M jury verdict
SNL Financial Services Daily, May 13, 2015 Wednesday

 PRA Group Inc. wholly owned subsidiary Portfolio Recovery Associates LLC plans to ask a court to overturn a jury verdict that could have a material adverse effect on its financial condition and/or operations unless reduced or overturned, according to a Form 8-K filed May 12. According to the filing, an unfavorable jury verdict was delivered against Portfolio Recovery Associates in a matter pending in Jackson County, Mo. The jury awarded Guadalupe Mejia $251,000 in compensatory damages and approximately $83.0 million in punitive damages for her counter-claim against Portfolio Recovery Associates alleging malicious prosecution and impermissible collection practices. Portfolio Recovery Associates believes that the verdict and magnitude of the award is erroneous.
 United States Courts Opinions: Supreme Court of New York: Pierre v Mary Manning Walsh Nursing Home, Inc.
US Official News, May 13, 2015 Wednesday

 2013-14 Nissan Pathfinders the subject of new class action
Legal News Line, May 12, 2015 Tuesday

 Canada: Aboriginal Rights Do Not Have To Be Proven Before A Claim In Tort Can Be Advanced
Mondaq Business Briefing, May 12, 2015 Tuesday

 On April 15, 2015, the British Columbia Court of Appeal released its decision in Saik'uz First Nation and Stellat'en First Nation v. Rio Tinto Alcan Inc., 2015 BCCA 154. The Saik'uz and Stellat'en First Nations (the "Nechako Nations") had appealed a decision from the BC Supreme Court in which the chambers judge held that no reasonable causes of action existed against Rio Tinto Alcan Inc. until Aboriginal rights and title were proven or acknowledged by the Crown. The Court of Appeal overturned the decision and held that the BC Supreme Court had erred in deciding that the Nechako Nations could only bring a claim in tort once their Aboriginal title and rights were proven in court or acknowledged by the Crown. The decision is significant as the court recognized that Aboriginal title and rights exist independent of any recognition by the Crown and it now may be possible for First Nations groups to bring tort claims founded on Aboriginal title and rights, prior to those rights being formally recognized by a court declaration or government agreement. Background
 Canada: But I'm A Lawyer... Supreme Court Of Canada Clarifies Mental Element Necessary For Contempt
Mondaq Business Briefing, May 12, 2015 Tuesday

 On April 16, 2015, the Supreme Court of Canada released its Reasons for Judgment in the case of Carey v. Laiken, 2015 SCC 17, clarifying that a specific intention to breach a court order is not necessary for a finding of contempt, and clarifying when a Court can and cannot revisit a finding of contempt that it has previously made. Mr. Carey was counsel for Mr. Sabourin and his companies in a case involving offshore investments that had gone poorly. Ms. Laiken had invested heavily with Mr. Sabourin and his group of companies. The money was lost and, after Mr. Sabourin sued Ms. Laiken for $364,000, alleging a deficit in her margin account, she counterclaimed for $800,000 claiming that he had defrauded her. During the proceedings, the Ontario Superior Court of Justice issued a Mareva injunction, freezing the assets of Mr. Sabourin and his companies pending trial. As is customary in Mareva injunctions, the order prohibited not only the respondents, but also anyone with knowledge of the order, from disposing or otherwise dealing with any of Mr. Sabourin's assets.
 Canada: Harvey Haber's May 2015 Helpful Commercial Leasing, Arbitration And Mediation Tips
Mondaq Business Briefing, May 12, 2015 Tuesday

 Termination of Lease for Non-Repair It is not clear how far our courts will be willing to accept an argument that a breach of a covenant to repair by a landlord can amount to a fundamental breach entitling a commercial tenant to treat the lease as terminated.
 Court of Appeal of Alberta: Kroontje v Q Private Jets Limited Partnership, 2015 ABCA 158 (CanLII)
Canadian Government News, May 12, 2015 Tuesday

  Court of Appeal of Alberta has issued the following decision: In the Court of Appeal of Alberta Citation: Kroontje v Q Private Jets Limited Partnership, 2015 ABCA 158  Date: 20150508  Docket: 1501-0024-AC  Registry: Calgary Between: Al Kroontje, DAC Financial Group (1997) Inc., Northern Lights Aviation, Pellinore Holdings Inc., Keantha Holdings Inc., and Flotan Corporation  Appellants
 Dean Nicole Eramo files lawsuit against Rolling Stone, Erdely
Cavalier Daily: University of Virginia, May 12, 2015 Tuesday

 Jenna Troung |The Cavalier Daily The Cavalier Daily provided a Rolling Stone photo editor with this picture in late Oct. 2014, but was not made aware that it would be modified in any way. Associate Dean of Students Nicole Eramo filed a defamation lawsuit Tuesday morning against Rolling Stone magazine, Sabrina Rubin Erdely and Wenner Media for defamatory statements made against her in Rolling Stone's Nov. 19 story "A Rape on Campus," as well as in other media promoting the article. The lawsuit follows an open letter Eramo sent to Rolling Stone CEO Jann Wenner on April 22. In the letter, Eramo described the now-discredited article's negative impact on University community, on advocacy efforts against sexual assault and on her own professional and personal reputation.
 Following exec's arrest, Forcefield Energy facing stockholder class action
Legal News Line, May 12, 2015 Tuesday

 FORM 8-K: PRA GROUP INC FILES Current report
US Official News, May 12, 2015 Tuesday

 Goldman Sachs ordered to pay US$80 million plus interest in 2006 case
Channel NewsAsia, May 12, 2015 Tuesday 12:30 AM GMT

 REUTERS: Goldman Sachs Inc has been ordered to pay US$80 million, plus interest, to the National Australia Bank for breaches associated with the sale of mortgage-linked securities, according to a court filing. The May 7 decision, that came from an arbitration panel under the Financial Industry Regulatory Authority, granted NAB's request for compensation and also awarded interest at a 3 percent annual rate since December 2006. The marketing materials on which the NAB relied for creating a collateralized debt obligation called Hudson Mezzanine Funding 2006-1, masked Goldman Sachsâ s "significant conflict of interest with its clients", the panel found. The NAB had argued for US$230 million in total damages including US$80 million in compensatory damages and interest of US$60 million. The case number is 12-04099. (Reporting by Amrutha Penumudi in Bengaluru; Editing by Diane Craft) - Reuters
 Man sues mining company for wrongful termination
West Virginia Record, May 12, 2015 Tuesday

 New Jersey: Authorities ignored Minotola man's medical problems when they incarcerated him, lawsuit alleges
US Official News, May 12, 2015 Tuesday

 Supreme Court Ruling - Another Wasted Effort On Constitution Amendment?
Leadership (Abuja), May 12, 2015

 With the Supreme Court stopping the National Assembly from going ahead to pass the Fourth Alteration Bill which seeks to amend the 1999 Constitution into law, Adesuwa Tsan writes that billions of naira in taxpayers' money expended on the exercise may have just gone down the drain in years of fruitless exercise. Last Thursday, the Chief Justice of Nigeria, Justice Mahmud Mohammed, led six other justices of the apex court, the Supreme Court, to hear a suit filed by the federal government to stop the National Assembly (NASS) from overriding President Goodluck Jonathan's veto on amendments to the constitution. The court specifically warned the parties not to do anything that will affect the subject matter of the suit. The case has, however, been adjourned to June 18, 2015, well after the expiry of the Jonathan administration and the present 7th Assembly.
 UK: English Law's Response To An Insured's Fraudulent Representations - Part 2
Mondaq Business Briefing, May 12, 2015 Tuesday

 In our last article, we reviewed the current English law position and pending future reform in respect of fraudulent claims and devices. In this article we consider the effect of an insured's fraudulent statement in litigation which ultimately results in settlement. 1. Introduction The duty of utmost good faith applies throughout the insured's/insurers' relationship but only up and until the commencement of litigation.1 Once litigation has commenced, the parties' relationship and any settlement of a disputed claim is governed by the relevant Civil Procedure Rules, the court's own procedures and common law.2 The test approved in Versloot Dredging, and as discussed in our last article, does not however apply in respect of fraudulent misrepresentations made by an insured in the course of or compromise of litigation. 2. Settlements Induced By False Statements
 Woman sues after son dies at church camp
West Virginia Record, May 12, 2015 Tuesday

 Zales sexual harassment suits combined, moved to federal court
West Virginia Record, May 12, 2015 Tuesday

 Disaster-hit villagers wait for relief
The Pioneer (India), May 11, 2015 Monday

 New Tehri, May 11 -- The disaster affected villagers from Khadi, who suffered damage to their homes and irrigated land due to lake formation under the bridge on Rishikesh-Gangotri national highway in Tehri district last year are irked on not receiving the compensatory relief.
 FEDERAL REGISTER: Leasing of Osage Reservation Lands for Oil and Gas Mining
US Official News, May 11, 2015 Monday

 FERA - Seizure of currency - Contravention of Section 9(1)(b) and 9(1)(d) of FERA Act, 1973 - Appeal by the department against acquittal of the respondent by the Trial Court.
Tax India International, May 11, 2015 6:30 AM EST

 2015-TII-08-HC-MAD-FEMA IN THE HIGH COURT OF MADRAS Criminal Appeal No. 821 of 2006 UNION OF INDIAREP BY ITS ENFORCEMENT OFFICERENFORCEMENT DIRECTORATECHENNAI Vs LAL CHAND R Mala, J Dated: March 3, 2015 Appellant Rep by: Mr Dhandapani Special P P for Enforcement DirectorateRespondents Rep by: Mr B Satish Sundar & Mr N Balaji FERA - Seizure of currency - Contravention of Section 9(1)(b) and 9(1)(d) of FERA Act, 1973 - Appeal by the department against acquittal of the respondent by the Trial Court. Held: Apex Court held that in dealing with a case against an accused person, the Court cannot start with the confession of a co-accused person, it must begin with other evidence adduced by the prosecution. In the case on hand, except the evidence of co-accused Haja Mohideen and his statements no other independent witness was examined. ( para 9)
 FORM 8-K: COMCAST CORP FILES Current report
US Official News, May 11, 2015 Monday

 Leasing of Osage Reservation Lands for Oil and Gas Mining
US Official News, May 11, 2015 Monday

 N.J. woman files class action against airline after not being able to use purchased in-flight television service
Legal News Line, May 11, 2015 Monday

 New Jersey: Jury orders suspended N.J. doctor to pay disabled patient $3.2M for affair during treatment
US Official News, May 11, 2015 Monday

 UK: (Re)Insurance Weekly Update 15 - 2015
Mondaq Business Briefing, May 11, 2015 Monday

 Welcome to the fifteenth edition of Clyde & Co's (Re)insurance and litigation caselaw weekly updates for 2015.  This Week's Caselaw Hin-Pro v Compania Sud Americana De Vapores SA Jurisdiction clause was held to be an exclusive English jurisdiction clause by the Court of Appeal where it provided for English law The parties entered into a bill of lading which contained the following clause: "This Bill of Lading and any claim or dispute arising hereunder shall be subject to English law and the jurisdiction of the English High Court of Justice in London. If, notwithstanding the foregoing, any proceedings are commenced in another jurisdiction, such proceeding shall be referred to ordinary courts of law...."
 Woman sues correctional officer for sexual abuse
West Virginia Record, May 11, 2015 Monday


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