Principles of Remedies

 Township proposes flood control regulations; Trustees propose limiting development obstructing waterways.; SUGARCREEK TWP.
Dayton Daily News (Ohio), July 5, 2015 Sunday

 SUGARCREEK TWP. - Sugar-creek Twp. trustees are proposing additional regulations, meant to reduce flood damage in the long-term, for property owners along the township's rivers.
 ASBESTOS UPDATE: Lincoln Electric Facing 12,278 PI Plaintiffs
Lloyd's Asbestos Litigation Reporter, July 4, 2015

 United States Courts Opinions: United States District Court Northern District of California: KEITH M. CASSELLS, Plaintiff, v. SECRETARY OF CAL. DEPT. OF CORRECTIONS & REHABILITATION; et al.
US Official News, July 4, 2015 Saturday

 FORM 8-K: DYNARESOURCE INC FILES Current report
US Official News, July 2, 2015 Thursday

 New Jersey: Fired Rider University softball coach sues school over Title IX violations
US Official News, July 2, 2015 Thursday

 Tennessee: Supreme Court Orders New Trial On Damages In Railroad Negligence Case
US Official News, July 2, 2015 Thursday

 UK: Landmark UK Supreme Court Ruling On Default Clauses And Damages: Bunge SA V Nidera BV
Mondaq Business Briefing, July 2, 2015 Thursday

 The decision has been long awaited. In its landmark unanimous ruling handed down on 1 July 2015, The Supreme Court laid down clear guidance on the assessment of damages arising out of a wrongful repudiation of a contract for the sale of goods.The Supreme Court also considered the interpretation of the standard GAFTA Default Clause. Reed Smith acted for the successful party, Bunge, in these proceedings. The judgment is significant: it addresses the interpretation of express damages clauses (so called "default clauses"); it reinforces the law on the application of compensatory principles in the assessment of damages in the event of contract repudiation; and it clarifies other matters, including the law of mitigation when assessing damages in the case of contracts for the sale of goods. Key Aspects of the Decision
 United States Courts Opinions: United States District Court District of Arizona: Lori Eichenberger, Plaintiff, v. Falcon Air Express Incorporated
US Official News, July 2, 2015 Thursday

 Washington: AGC Successfully Defends Insurance Coverage for Construction Defects
US Official News, July 2, 2015 Thursday

 Court Adjourns Tinubu's N150 Billion Libel Suit Against AIT to September 30
This Day (Lagos), July 01, 2015

 Justice Iyabo Akinkugbe of an Ikeja High Court has adjourned the N150 billion libel suit filed by the National Leader of the All Progressives Congress (APC), Senator Bola Tinubu, against Daar Communications Plc, owners of the Africa Independent Television (AIT) till September 30.
 Gambian journalist Musa Saidykhan seeks redress for torture under Jammeh regime
Canadian Government News, July 1, 2015 Wednesday

  International Freedom of Expression Exchange has issued the following news release: The absolute and non-derogable prohibition against torture is routinely disregarded by Gambian President Yahya Jammeh's regime, which has subjected countless Gambians to torture and cruel, inhuman, or degrading punishment and treatment for over twenty years. In light of this widespread practice and in connection with the International Day in Support of Victims of Torture (June 26), the Media Foundation for West Africa (MFWA) is highlighting the story of one Gambian torture victim: Musa Saidykhan.
 Innoson, GTBank Battle Over N560 Million Excess Charges, Others
This Day (Lagos), July 01, 2015

 Innoson Nigeria Limited and Guaranty Trust Bank Plc (GTBank) are currently at loggerheads over allegations of excess and unlawful charges of N560 million imposed on the former's account by the bank. As a result of this, Innoson is demanding that the bank pays the alleged sum as well as the accrued interest. In addition, the automobile company in a document signed by its Public Relations Officer, Mr. Andrew Udeh, obtained by THISDAY on Tuesday, faulted the claim by GTBank that it was indebted to it in the sum of N2.4 billion. However, GTBank maintained that it granted the Innoson Group of companies various credit facilities totalling N2.4 billion to finance the importation of motorcycles and spare parts.
 New Jersey: Lawsuit from N.J. Vietnam vet claims Cherry Hill inappropriately fired him
US Official News, July 1, 2015 Wednesday

 Ohio: Toledo Free Press publisher must name investors
US Official News, July 1, 2015 Wednesday

 SEC Issues Administrative Ruling on Richard Lawrence Evans
Targeted News Service, July 1, 2015 Wednesday 9:50 PM EST

 The Securities & Exchange Commission issued the following administrative proceeding: In the Matter of RICHARD LAWRENCE EVANS, Respondent. ORDER INSTITUTING ADMINISTRATIVE AND CEASE-AND- DESIST PROCEEDINGS, PURSUANT TO SECTION 15(b) OF THE SECURITIES EXCHANGE ACT OF 1934, SECTION 203(k) OF THE INVESTMENT ADVISERS ACT OF 1940 AND SECTION 9(b) OF THE INVESTMENT COMPANY ACT OF 1940, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE- AND-DESIST ORDER I. The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative and cease-and-desist proceedings be, and hereby are, instituted, pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act"), Section 203(k) of the Investment Advisers Act of 1940 ("Advisers Act") and Section 9(b) of the Investment Company Act of 1940 ("Investment Company Act"), against Richard Lawrence Evans ("Evans" or "Respondent").
 United States Courts Opinions: United States District Court Eastern District of California: LIUDMYLA IEGOROVA, Plaintiff, v. VINTAGE KNOOLS AND VINTAGE WOODS
US Official News, July 1, 2015 Wednesday

 British Virgin Islands: Asset Tracing In The British Virgin Islands
Mondaq Business Briefing, June 30, 2015 Tuesday

 In this article, we will discuss some of the tools available to a party in the British Virgin Islands (BVI) to seek to recover property, or proceeds of property, which have been misappropriated. It is not surprising that in some cases, the identity of the wrongdoer or the whereabouts of the misappropriated property is unknown. Against that background, it is worth noting that while a company incorporated in the BVI is required to maintain certain records at the office of its registered agent (such as its memorandum and articles of association, register of directors, register of members, minutes of members' and directors' meetings and copies of resolutions), there is no right for the public to inspect such records. Indeed, confidentiality of corporate documents and information is one of the key attractions of incorporating a company in the BVI. BVI companies are not generally required to maintain or file statutory accounts, or meet any particular set of international accounting standards. Under section 98 of the BVI Business Companies Act 2004, all that a company is required to maintain are records "sufficient to show and explain the company's transactions" and which "will, at any time, enable the financial position of the company to be determined with reasonable accuracy". There is no requirement for any accounts or financial records to be subject to independent audit.
 Charleston law firm hit with another malpractice suit
West Virginia Record, June 30, 2015 Tuesday

 Clarksburg man says McElroy Mine was unsafe
West Virginia Record, June 30, 2015 Tuesday

 Correlation between genetic polymorphism of matrix metalloproteinase-9 in patients with coronary artery disease and cardiac remodeling
Pakistan Journal of Medical Sciences, June 30, 2015 Tuesday

 : ABSTRACT Objective: To explore the correlation between genetic polymorphism of matrix metalloproteinase-9 (MMP- 9) in patients with coronary artery disease (CAD) and cardiac remodeling. Methods: A total of 272 subjects who received coronary angiography in our hospital from July 2008 to September 2013 were selected, including 172 CAD patients (CAD group) and another 100 ones (control group). Both groups were subjected to MMP-9 and ultrasonic detections to determine vascular remodeling and atherosclerotic plaques. C1562G polymorphism of MMP-9 gene was detected, and correlation with vascular remodeling and atherosclerotic plaque was analyzed.
 I had sex with other women abroad, says former bishop
Irish Daily Mail, June 30, 2015 Tuesday

 A FORMER archbishop accused of sleeping with an underage girl has admitted that he had sexual encounters with other women while he worked overseas. Richard Burke denies that his Nigerian accuser Dolores Atwood was under 18 when they first had sex. He says that she was 20 when she turned up at his house and they had sex in his bedroom after he 'began to respond to her overtures'.
 India: Determinable Contracts
Mondaq Business Briefing, June 30, 2015 Tuesday

 The word "determinable" used in clause (c) to Subsection (1) of Section 14 of the Specific Relief Act, 1963 (the "Act") means that which can be put an end to. Determination is putting of a thing to an end... Meaning thereby, all revocable deeds and voidable contracts may fall within "determinable" contracts and the principle on which specific performance of such an agreement would not be granted is that the Court will not go through the idle ceremony of ordering the execution of a deed or instrument, which is revocable at the will of the executant.1 Determinable Contracts derive their existence from the termination clause envisaged therein. There are essentially three types of termination clauses, viz. (i) termination for cause (breach or upon a contingent event), (ii) termination for convenience and (iii) termination upon expiry of the term. While a termination clause may be drafted in several ways, broadly speaking, termination could occur "without cause" (that is, without assigning any reason) at the option of either party and/or the contract may also provide for the right of a non-defaulting party to terminate the contract on the occurrence of certain specified events.
 Madras High Court order: Application Nos.2034, 5694 and 5697 of 2009
Pakistan Law Reporter, June 30, 2015 Tuesday

  Madras High Court has issued the following order:  1IN THE HIGH COURT OF JUDICATURE AT MADRASReserved on: 27.03.2015Date of verdict: 10.06.2015CORAMTHE HONOURABLE MR. JUSTICE R.SUBBIAHApplication Nos.2034, 5694 and 5697 of 2009inC.S.Nos.1115 of 2008 and 947 and 946 of 20091.P.G.Lakshmipathy2.P.G.Lakshmipathy (HUF) ... Applicants inA.No.2034 of 2008Kasturi Pandarinath ... Applicant inA.No.5694 of 2009Mohana Prasad ... Applicant inA.No.5697 of 2009vs.
 Man accuses Putnam law firm of debt collection violations
West Virginia Record, June 30, 2015 Tuesday

 Man sues United Healthcare for breach of contract
West Virginia Record, June 30, 2015 Tuesday

 SUPREME COURT OF QUEENSLAND ISSUES DECISION ABOUT CLAIMANT 1 V. COMMONWEALTH OF AUSTRALIA & ANOR
Australian Government News, June 30, 2015 Tuesday 11:24 AM EST

 BRISBANE, Queensland, June 30 -- The Supreme Court of Queensland issued the following decision: CITATION: Claimant 1 v Commonwealth of Australia & Anor [20152015] QSC 171 PARTIES:
 THE PETERSON INSTITUTE FOR INTERNATIONAL ECONOMICS HOLDS A DISCUSSION ON FISCAL POLICY AND ECONOMIC GROWTH
Financial Markets Regulatory Wire , June 30, 2015 Tuesday

 UN envoy welcomes Bosnia-Herzegovina court ruling on sexual violence in conflict
Premium Official News, June 30, 2015 Tuesday

  United Nations Environment Program has issued the following news release: The Secretary-General's Special Representative on Sexual Violence in Conflict today welcomed the decision by a Bosnian Herzegovinian court to secure conviction for and award compensatory damages to victims of war-time sexual violence, the United Nations confirmed today.
 Woman sues man's estate, Speedway for drunk driver injuries
West Virginia Record, June 30, 2015 Tuesday

 Caperton named as defendant in wrongful death suit
West Virginia Record, June 29, 2015 Monday

 DEPUTY SPOKESMAN FOR THE U.N. SECRETARY GENERAL FARHAN HAQ HOLDS OFFICE OF THE SPOKESMAN FOR THE U.N. SECRETARY GENERAL REGULAR NEWS BRIEFING
CQ Transcriptions , June 29, 2015 Monday

 FORM 8-K: AMAG PHARMACEUTICALS INC FILES Current report
US Official News, June 29, 2015 Monday

 Innoson's Outstanding Debt At Gtbank Reconfirmed GTBank Action Injured Our Credibility
Vanguard (Lagos), June 29, 2015

 GTBank PLC is insisting that Innoson Group of companies owes the bank. Contrary to a law suit filed by the company claiming N30 billion in damages, findings traced the origin of the case and confirmed that GTBank granted various credit facilities totaling N2,400,000,000.00 (two billion, four hundred million Naira only) to Innoson, to finance the importation of motorcycles and spare parts. The customer the bank said had the obligation of utilising the said funds for the agreed purpose and ensuring loan repayments as and when due as contained in the contract.
 Pocahontas man says agriculture teacher sexually molested him
West Virginia Record, June 29, 2015 Monday

 Time Warner seeking new trial in workplace injury lawsuit
Press - Telegram (Long Beach California), June 29, 2015 Monday

 LOS ANGELES >> Time Warner wants a new trial of a lawsuit brought by one of its former warehouse workers, who won a $2.7 million judgment after a jury found that the cable company failed to accommodate her for an on-the-job injury.
 A former bookkeeper and payroll clerk for a Winthrop-area school... [Derived headline]
Kennebec Journal (Augusta, Maine), June 28, 2015 Sunday

FULL TEXT A former bookkeeper and payroll clerk for a Winthrop-area school district split $60,000 with her law firm in settling an employment discrimination and retaliation charge against the district. Jennifer Ma Sims, of Winthrop, won the support of the Maine Human Rights Commission in a 3-1 vote before suing Alternative Organizational Structure 97, which was composed of Winthrop and Fayette schools. Peter Bickerman and two other attorneys at Lipman & Katz represented Sims in the cases at the Maine Human Rights Commission action, and then in state and federal court actions. Sims is now employed at MaineGeneral Medical Center, Bickerman said.
 Australia: Dodgy repair, drastic injury: residential occupier not liable
Mondaq Business Briefing, June 28, 2015 Sunday

 Court of Appeal upholds use of local handyman for minor repairs. Fabre -v- Lui [2015] NSW CA 157 A judgment obtained by Hunt & Hunt Lawyers - acting for the insurer of a residential occupier, where a subsequent tenant sustained significant injury from prior defective repair work - has been upheld on appeal. The Court held that the residential occupier had not breached the duty she owed to the prospective tenant by engaging a handyman sourced from an ad in the local newspaper without further enquiry as to his trade qualifications or experience. The decision assists in clarifying the extent of the duty owed by residential occupiers when engaging tradespeople to carry out domestic repairs. Success on appeal was derived from a tactical exclusive focus on liability. The Court's approach is interesting for its consideration and application of section 5B of the Civil Liability Act 2002 (NSW) ("CLA"). CASE BACKGROUND
 Ex-clerk for Winthrop schools wins settlement ; Jennifer Ma Sims said her termination based on her use of grammar and syntax was discriminatory.
Portland Press Herald (Maine), June 28, 2015 Sunday

 A former bookkeeper and payroll clerk for a Winthrop-area school district split $60,000 with her law firm in settling an employment discrimination and retaliation charge against the district.
 Ex-employee, district reach settlement
Kennebec Journal (Augusta, Maine), June 28, 2015 Sunday

FULL TEXT A former bookkeeper for a Winthrop-area school district split $60,000 with her law firm after she settled her federal lawsuit against the district. Jennifer Ma Sims of Winthrop, who the support of the Maine Human Rights Commission before suing Alternative Organizational Structure 97, is now .... A former bookkeeper and payroll clerk for a Winthrop-area school district split $60,000 with her law firm in settling an employment discrimination and retaliation charge against the district.
 Excel Force MSC: Announcement
News Bites - Asia: Malaysia, June 27, 2015 Saturday

 MALAYSIAN DAILY STOCK REPORT [News Story] Kuala Lumpur High Court Guaman No. 22IP-5-03/2015 Writ of Summon and Statement of Claim - Capital Market Risk Advisor Sdn. Bhd.
 FORM 8-K: CHINA ENERGY TECHNOLOGY CORP., LTD FILES Current report
US Official News, June 27, 2015 Saturday

 New Jersey: Former N.J. sheriff's officer who sued over sexual assault drops case
US Official News, June 27, 2015 Saturday

 Cus - CHALR - Time lines laid down in Regulation 22 are meant to quicken probe and deliver speedy justice - they are to be considered 'directory' in nature since if they are considered 'mandatory' and matter is closed on this basis, purpose of Regulations would get defeated: CESTAT
Tax India Online, June 26, 2015 Friday 6:30 AM EST

 By TIOL News Service MUMBAI, JUNE 26, 2015: THE case booked by DRI Mumbai concerns undervaluation of artificial leather cloth. Pursuant to investigations by DRI, the Licence of CHA was suspended by Commissioner on 15.11.2012. After post decisional hearing, the suspension was continued vide Order dated 7.12.2012, under Regulation 20(3). In appeal, CESTAT revoked the suspension on 29.1.2013. Subsequently, a notice dated 17.05.2013 was issued to the appellant under Regulation 22(1) and the inquiry conducted under Regulation 22 resulted in revocation of the CHA Licence with forfeiture of security deposit vide order of Commissioner of Customs (General), Mumbai dt. 17.3.2015. This was the result of confirmation of violation of Regulations 12 (transfer of license), 13(b) - (transacting business through unauthorized persons), 13(d), 13(e), 13(n) and 19(8). The appellant CHA is before the CESTAT.
 FEDERAL REGISTER: Ending of the National Environmental Policy Act Emergency Alternative Arrangements for New Orleans Hurricane and Storm Damage Risk Reduction System (HSDRRS)
US Official News, June 26, 2015 Friday

 FORM 8-K: CINJET INC FILES Current report
US Official News, June 26, 2015 Friday

 Former Mingo official sues to get job back
West Virginia Record, June 26, 2015 Friday

 Interrogating Interim Injunctions - Pest Control vs Sudhakar
Spicy IP, June 26, 2015 Friday 6:30 AM EST

 With our I3 series- Interrogating Interim Injunctions - we've been trying to highlight the defunct nature of the interim injunction remedy - and the ease with which it lends itself to forced settlements in otherwise contentious disputes. Trial strategy is a complex procedure, and my point is not to endorse litigiousness in the face of other methods of resolving a dispute. However, out of court processes are dangerous when both parties are not on even footing - and when the stilts enabling unfair bargaining are provided by the court itself we need to ask some serious questions about the fairness of the system.
 Seventh discrimination suit filed against Mon General
West Virginia Record, June 26, 2015 Friday

 Student withdraws appeal in YouTube video case
Irish Examiner, June 26, 2015 Friday

 A separate appeal by Google, YouTube and Facebook against an injunction granted to Eoin McKeogh, of Donadea, Co Kildare, requiring them to permanently remove the internet clip will proceed before the Supreme Court next week.
 Three suits blame Antero for fracking damage
West Virginia Record, June 26, 2015 Friday

 United States Courts Opinions: Supreme Court of New York: New GPC Inc. v Kaieteur Newspaper Inc.
US Official News, June 26, 2015 Friday

 Another harassment suit filed against Monongalia General
West Virginia Record, June 25, 2015 Thursday

 Canada: Top 5 Civil Appeals From The Court Of Appeal - June 2015
Mondaq Business Briefing, June 25, 2015 Thursday

 The first half of 2015 is almost in the books, and it has been an eventful time. The second half of 2015 looks to be even more eventful as we move to a federal election. Hopefully, we will all get some time to pause over the summer. The Court of Appeal continued its own eventful 2015, releasing several interesting and important decisions in May, including what will now likely be the leading decision in Canada on investigative receiverships. In addition, the Court released decisions in May dealing with employment law, interpretation of insurance policies, contractual interpretation and the scope of the oppression remedy. 1. King v. 1416088 Ontario Ltd. (Danbury Industrial), 2015 ONCA 312 (Simmons, Gillese and Rouleau JJ.A.), May 4, 2015 2. Allstate Insurance Company of Canada v. Aftab, 2015 ONCA 349 (Strathy C.J.O., LaForme and Tulloch JJ.A.), May 15, 2015
 Couple sues shopping center, stores for crosswalk injuries
West Virginia Record, June 25, 2015 Thursday

 Couple sues WVU for hospital injuries
West Virginia Record, June 25, 2015 Thursday

 Court Stops Wike From Sacking LG Chairmen
Leadership (Abuja), June 25, 2015

 The National Industrial Court sitting in Yenagoa, Bayelsa State has granted an interim injunction restraining Rivers State governor, Chief Ezebunwo Nyesom Wike and the State House of Assembly from dissolving the 23 local government councils in the state.
 Dr Darren's surgery
Daily News (South Africa), June 25, 2015 Thursday

 AP Travelling families should assess and get their vaccinations in good time. Break bad habits and don't spoil a holiday. They creep up on you without warning – school holidays. Before you know it you are packing to leave on a family holiday and feel out of your depth. This time of possible pleasure and relaxation can turn into a nightmare when a lack of foresight and planning leads to tension on the trip. When medical matters arise, soon everyone joins in, accusing, blaming and complaining about whose responsibility it actually was to sort out the medical kits and medications.
 Federal Court of Australia Judgment: Blueport Nominees Pty Ltd v Sewerage Management Services Pty Ltd [2015] FCA 631
Financial Law Reporter, June 25, 2015 Thursday

  Federal Court of Australia has issued the following press release:  FEDERAL COURT OF AUSTRALIA Blueport Nominees Pty Ltd v Sewerage Management Services Pty Ltd [2015] FCA Citation:  Blueport Nominees Pty Ltd v Sewerage Management Services Pty Ltd [2015] FCA 631 Parties:
 Industrial Court Restrains Wike, Others From Sacking Council Chairmen
The Guardian, June 25, 2015

 The National Industrial Court in Yenagoa, Bayelsa State, has granted an order of interim injunction restraining governor of Rivers State, the Rivers State House of Assembly and the Attorney-General of Rivers State and their agents from terminating tenure of office of the 23 Local Government Councils of Rivers State.
 Innoson sues bank
The Nation (Nigeria), June 25, 2015 Thursday

 Innoson Motors Nigeria Limited is locked in a legal battle with the Guarantee Trust Bank (GTB) gulping billions of naira. The motor manufacturing company has instituted a N30 billion suit against GTB, following alleged damages the company suffered as a result of anex parteorder of Mareva Injunction, which GTB applied and obtained, freezing Innoson's accounts in all the banks in Nigeria.
 NRC Event Notification Report for June 25: Unanalyzed Condition for a Postulated Fire
Targeted News Service, June 25, 2015 Thursday 7:43 AM EST

 The Nuclear Regulatory Commission issued report on the following event notification received: Power Reactor Facility: HATCH Region: 2 State: GA Unit: [1] [2] [ ] RX Type: [1] GE-4,[2] GE-4 NRC Notified By: PAUL UNDERWOOD HQ OPS Officer: DONG HWA PARK Emergency Class: NON EMERGENCY 10 CFR Section:
 Pennsylvania State Legislature Amendments: SENATE BILL No. 747
US Official News, June 25, 2015 Thursday

 Pennsylvania State Legislature Bill: SENATE BILL No. 747
US Official News, June 25, 2015 Thursday

 REP. SEAN P. DUFFY HOLDS A HEARING ON MISCONDUCT ALLEGATIONS AT THE CONSUMER FINANCIAL PROTECTION BUREAU
Financial Markets Regulatory Wire , June 25, 2015 Thursday

 SEC Issues Administrative Ruling on Michael S. Wilson, CPA, et al.
Targeted News Service, June 25, 2015 Thursday 10:00 PM EST

 The Securities & Exchange Commission issued the following administrative proceeding: In the Matter of MICHAEL S. WILSON, CPA and COTTERMAN-WILSON CPAs, INC., Respondents. ORDER INSTITUTING PUBLIC ADMINISTRATIVE AND CEASE- AND-DESIST PROCEEDINGS PURSUANT TO SECTION 4C OF THE SECURITIES EXCHANGE ACT OF 1934, SECTION 203(k) OF THE INVESTMENT ADVISERS ACT OF 1940, AND RULE 102(e) OF THE COMMISSION'S RULES OF PRACTICE, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND- DESIST ORDER I. The Securities and Exchange Commission ("Commission") deems it appropriate that public administrative and cease-and-desist proceedings be, and hereby are, instituted against Michael S. Wilson, CPA ("Wilson") and Cotterman-Wilson CPAs, Inc. (the "Firm") (collectively,
 UK: (Re)Insurance Weekly Update 22 - 2015
Mondaq Business Briefing, June 25, 2015 Thursday

 Welcome to the twenty-two edition of Clyde & Co's (Re)insurance and litigation caselaw weekly updates for 2015 This Week's Caselaw Mapfre Mutualidad Compania v Keefe Court of Appeal considers whether English claimant could bring a claim against a Spanish insurer and Spanish insured in England http://www.bailii.org/ew/cases/EWCA/Civ/2015/598.html The English claimant was injured while staying at the second defendant's hotel in Spain. He claimed against the second defendant's Spanish insurer in English proceedings. The insurer did not challenge jurisdiction. However, the policy limit was lower than the level of damages being claimed and so the claimant joined the second defendant (a Spanish company) to the proceedings too. This issue was of importance to the claimant because damages will be higher if assessed under English, rather than Spanish, law.
 United States Courts Opinions: Supreme Court of New York: Batista v MTA Bus Co.
US Official News, June 25, 2015 Thursday

 United States Courts Opinions: Supreme Court of New York: Matter of Government Empls. Ins. Co. v Arciello
US Official News, June 25, 2015 Thursday

 United States Courts Opinions: Supreme Court of New York: MVB Collision, Inc. v Allstate Ins. Co.
US Official News, June 25, 2015 Thursday

 Annual Report: Sumitomo Heavy Industries (TO:6302) EPS up 36.1% to JPY39.71 (US33.07c)
News Bites - Asia: Japan, June 24, 2015 Wednesday

 JAPANESE RESULTS Highlights Major Common Size Ratios:-Total current assets to Total Assets up from 60.1% to 62.6%-Fixed Assets to Total Assets down from 30.4% to 29.0%-Current Debtors to Total Assets up from 23.4% to 24.8%-Cash to Total Assets down from 9.4% to 7.3% -Total debt to net tangible assets of 0.2-Total Liabilities to EBITDA of 6.8: this compares unfavourably with the Joseph Piotroski benchmark of <5-Total Liabilities to Operating Cash Flow of 6.8: this also compares unfavourably with the Joseph Piotroski benchmark of <4-Debt to Equity of 0.2-Total liabilities to Total assets of 0.5-Current ratio of 1.6-Working capital to total assets of 22.8%-Retained earnings to total assets of 30.5%
 Canada: Court Of Appeal Summaries (June 15-19, 2015)
Mondaq Business Briefing, June 24, 2015 Wednesday

 Hello everyone. Below are summaries of this week's OCA civil decisions (non-criminal). Topics covered include contractual interpretation, child and spousal support payments, conversion, the equitable remedy of rectification, non-possessory liens, and the State Immunity Act. Please feel free to share this blog with anyone whom you think would be interested. As always, we welcome your comments and feedback. Metrolinx v Enbridge Gas Distribution 2015 ONCA 429 [MacPherson, Esptein, and Roberts JJ.A]
 Court Restrains Wike From Sacking 23 LG Chairmen
Vanguard (Lagos), June 24, 2015

 The National Industrial Court sitting in Yenagoa, Bayelsa State, has restrained Governor Nyesom Wike of Rivers State, the state House of Assembly and their agents from dissolving or, in any manner whatsoever, interfering with the tenure of office of the 23 local government council chairmen in Rivers State.
 FORM 8-K: CH2M HILL COMPANIES LTD FILES Current report
US Official News, June 24, 2015 Wednesday

 Gleacher & Company Releases Results of FINRA Arbitration against Robert W. Baird & Co. and Certain Former Employees
Professional Services Close-Up, June 24, 2015 Wednesday

 Gleacher & Company reported that the arbitration panel hearing the claims brought by the Company's former principal operating subsidiary, Gleacher & Company Securities, (Gleacher), against Robert W. Baird & Co. (Baird) and a group of former employees arising from unfair competition, solicitation and other conduct, among other matters, had rendered a decision in favor of Gleacher.
 High Court of Judicature at Allahabad order: CONSOLIDATION No. - 448 of 2015 at Lucknow : Babu And Ors. Vs. Deputy Director Of Consolidation Amethi And Anr.
Pakistan Law Reporter, June 24, 2015 Wednesday

  High Court of Judicature at Allahabad has issued the following order: HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- CONSOLIDATION No. - 448 of 2015 Petitioner :- Babu And Ors.Respondent :- Deputy Director Of Consolidation Amethi And Anr.Counsel for Petitioner :- Vyas Narayan ShuklaCounsel for Respondent :- C.S.C.
 OLD REPUBLIC: Arbitration Ongoing Between Units, Countrywide
Lloyd's Corporate Litigation Reporter, June 24, 2015

 OLD REPUBLIC: BofA's Arbitration vs. RMIC Proceeding
Lloyd's Corporate Litigation Reporter, June 24, 2015

 OLD REPUBLIC: BofA's Suit vs. RMIC Still Pending in N.C. Court
Lloyd's Corporate Litigation Reporter, June 24, 2015

 OLD REPUBLIC: Suit vs. Countrywide, BNYM Still Pending in Ill.
Lloyd's Corporate Litigation Reporter, June 24, 2015

 Suspended Bayelsa PDP Boss Challenges Appointment of Acting Chairman
Daily Independent (Lagos), June 24, 2015

 A fresh suit instituted by Samuel Inokoba, a retired colonel, before the Chief Judge of the state, Justice Kate Abiri, has challenged the appointment of Serena Dokubo-Spiff as acting chairman of the Peoples Democratic Party (PDP), Bayelsa State chapter.
 WYNN RESORTS: Trial in Suit vs. Okada Parties Set for Feb. 2017
Lloyd's Corporate Litigation Reporter, June 24, 2015

 Baltimore Board of Estimates to consider $80K settlement of false arrest lawsuit
The Daily Record (Baltimore, MD), June 23, 2015 Tuesday

 Baltimore's Board of Estimates is scheduled to consider Wednesday a $80,000 settlement with a Laurel man who alleged he was falsely arrested on drug charges more than three years ago.
 Court of Appeal of Alberta: Sorochan v Bouchier, 2015 ABCA 212 (CanLII)
Canadian Government News, June 23, 2015 Tuesday

  Court of Appeal of Alberta has issued the following decision: In the Court of Appeal of Alberta Citation: Sorochan v Bouchier, 2015 ABCA 212  Date: 20150622  Docket: 1403-0040-AC  Registry: Edmonton Between: Elaine Sorochan  Appellant (Plaintiff)  - and - Vernon Wayne Bouchier and Direct Integrated Transportation Inc.
 FORM 8-K: FUTURELAND CORP. FILES Current report
US Official News, June 23, 2015 Tuesday

 HIGH COURT OF AUSTRALIA ISSUES TRANSCRIPT ABOUT ALLEN V CHADWICK
Australian Government News, June 23, 2015 Tuesday 2:19 PM EST

 CANBERRA, ACT, June 23 -- The High Court of Australia issued the following transcript: IN THE HIGH COURT OF AUSTRALIA Office of the Registry Adelaide No A1 of 2015
 Madras High Court order: Application Nos.2414 to 2416 of 2013
Pakistan Law Reporter, June 23, 2015 Tuesday

  Madras High Court has issued the following order:  1Orders reserved on 29.01.2014 Orders pronounced on 05.06.2015Application Nos.2414 to 2416 of 2013inO.A.Nos.299 to 301 of 2013inC.S.No.285 of 2013R.S.Ramanathan, J.,The defendants, viz., i) Ganesh Flour Mills and ii) Ganesh GrainsLimited, in C.S.No.285 of 2013, on the file of Original Side of this Courtare the applicants herein and the plaintiff, who filed the said Suit is therespondent herein.
 South Africa: Eastern Cape High Court, Bhisho - Latest decision: Mntonitshi v Road Accident Fund (EL136/14, ECD436/14) [2015] ZAECELLC 7 (4 June 2015)
Premium Official News, June 23, 2015 Tuesday

  East London Local Court has issued the following decision: IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE LOCAL DIVISION : EAST LONDON  CASE NO. EL 136/14  ECD 436/14 In the matter between: BONGA CHRISTOPHER MNTONITSHI Plaintiff and ROAD ACCIDENT FUND Defendant JUDGMENT GRIFFITHS, J.: [1] The plaintiff in this matter has instituted action against the defendant for damages arising out of a collision which occurred on 3 September 2011 on the Brakfontein road near East London. It was agreed between the parties at the outset of the matter that, at this stage, all I am to deal with is the question of the liability of the defendant for whatever damages the plaintiff might ultimately prove to have suffered as a consequence of the collision. I accordingly made a ruling to this effect in terms of Rule 33(4). [2] During the course of the proceedings it became clear that the main point in issue between the parties was as to whether or not the insured vehicle had been travelling on its incorrect side of the road or, at the least, straddling the centre of the road so that portion of this vehicle entered upon the lane of travel of the plaintiff, or whether, obversely, the plaintiff had been on his incorrect side of the road, alternatively straddling the centre thereof.
 UK: The Scope And Development Of The Illegality Defence - Key Issues For Auditors And Directors
Mondaq Business Briefing, June 23, 2015 Tuesday

 Liquidators of companies may have breathed a sigh of relief in April of this year when the UK Supreme Court held that the dishonest directors of a company could not rely upon the "illegality defence" to defeat a claim by the company against them. Patrick Perry considers the impact of this far reaching decision for auditors and company management. Auditors are appointed by the client company to provide audit reports, which contain their opinion on the truth and fairness of the company's annual accounts. In performing the audit tasks, auditors have essentially undertaken the duty to act as gate-keeper and watchdog of the company and its shareholders. During the course of an audit, should an auditor fail to detect unlawful acts that ultimately cause loss to his client company, he can face the risk of being held liable to the client company for breach of his professional duties.
 Woman sues General Motors for spouse benefits
West Virginia Record, June 23, 2015 Tuesday

 Arkansas: Employee Manual
US Official News, June 22, 2015 Monday

 Cyprus: The International Comparative Legal Guide To Corporate Governance 2015 Edition
Mondaq Business Briefing, June 22, 2015 Monday

 Cyprus 1 Setting the Scene - Sources and Overview 1.1 What are the main corporate entities to be discussed? The basic law regulating corporate entities in Cyprus is the Companies Law, Cap.113 as amended ("the Companies Law"). While it provides for the formation of several categories of companies, including companies limited by shares and by guarantee, the company limited by shares is overwhelmingly the most commonly used for commercial businesses, and this chapter will focus on that type of company. Companies limited by shares fall into two types, namely private and public. A private company is defined as one which by its articles of association specifically restricts the right to transfer its shares, limits the number of its members to 50, prohibits any invitation to the public to subscribe for its shares or debentures and prohibits the issue of bearer shares.
 FORM 8-K: IsoRay, Inc FILES Current report
US Official News, June 22, 2015 Monday

 Gleacher & Company Issues Results of FINRA Arbitration against Robert W. Baird & Co. and Certain Former Employees
Manufacturing Close-Up, June 22, 2015 Monday

 Gleacher & Company reported that the arbitration panel hearing the claims brought by the Company's former principal operating subsidiary, Gleacher & Company Securities, (Gleacher), against Robert W. Baird & Co. (Baird) and a group of former employees arising from unfair competition, solicitation and other conduct, among other matters, had rendered a decision in favor of Gleacher.
 Innoson Slams N30 Billion Suit On Gtbank
Vanguard (Lagos), June 22, 2015

 Nigeria's first indigenous automobile manufacturer, Innoson Motors Nigeria Limited, has slammed a N30 billion suit against Guarantee Trust Bank, GTB, as a result of damages the company suffered following an ex parte order of Mareva Injunction, which GTB applied and obtained, freezing Innoson's accounts in all the banks in Nigeria.
 Jawbone files patent infringement lawsuit against Fitbit over wearable fitness trackers
Legal News Line, June 22, 2015 Monday

 OPM Data Breach: What Needs to Happen Now
NextGov, June 22, 2015 Monday

 Dr. Fengmin Gong is the co-founder and chief strategy officer at Cyphort . I was still pondering on some stats reported by Farai Chideya in the article, Your data is showing: breaches wreak havoc while the government plays catch-up published on firstlook.org, when I got hit by the disclosure of the 4 million record breach at the Office of Personnel Management. I felt the urgency to share some thoughts. Offering free credit monitoring is not very useful for many victims, because you never know when and how most of the exposed records will be used. A couple by the name Rochelle and Paul found that someone s opened a PayPal Credit account in Paul s name and charged $682 from a place called Modern Coin, two weeks after their record was exposed in the Anthem breach. Do you think the credit monitoring service would have caught this timely and prevented the loss?
 UK: Expiry Of Contractual Limitation Periods Is Not Really The End...
Mondaq Business Briefing, June 22, 2015 Monday

 The Supreme Court has just delivered its first judgment in an adjudication case, confirming that the cause of action arising from a payment made pursuant to an adjudicator's decision is a fresh cause of action generated by the payment itself and independent of any contractual limitation period regarding the underlying claim. Paying parties on the wrong end of an adjudicator's decision may therefore challenge the decision in court proceedings even if the original contractual limitation period has expired. The decision in Aspect Contracts (Asbestos) Limited v Higgins Construction Plc, had initially been decided by Akenhead J in the TCC (who found the claim to be time-barred) before the decision was reversed by the Court of Appeal. The Supreme Court agreed with the Court of Appeal. Facts of the case
 FORM 8-K: COLLEGIUM PHARMACEUTICAL, INC FILES Current report
US Official News, June 20, 2015 Saturday

 New Jersey: N.J. grandparents accused of terrorism for drugstore order, lawsuit claims
US Official News, June 20, 2015 Saturday

 Political blog site pulled
Tribune-Review (Greensburg, PA), June 20, 2015 Saturday

 "Palloneville" is apparently no more.  The political blog focusing on the New Kensington-Arnold School District was taken down not long after a school board member filed a lawsuit this week accusing an anonymous poster of making false and potentially damaging statements about him.
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