Principles of Remedies

 Efficient incentives from obligation law and the compensation principle
International Review of Law and Economics, March 2016

1 Introduction Legal rules are called efficient if they generate incentives for strategically acting parties to take decisions leading to a welfare maximizing outcome. Obligation law provides general rules for contractual and tort relationships. If a debtor deviates from a (contractual or legal) obligation, the law offers remedies to creditors who suffer from harm caused by the debtor's deviation. These remedies aim at compensating creditors. The compensation principle, finally, refers to an analytical link between the legal requirement of compensation and the economic concept of efficient rules. If each party is compensated for unilateral deviations from an efficient reference profile by the other party then all Nash equilibria of the underlying game are efficient and payoff equivalent. In fact, a party's payoff cannot exceed total welfare minus the other party's payoff. Therefore, if the first party unilaterally deviates from the efficient reference profile, welfare is lower but the second party's payoff is not and, hence, the first party would be worse off under such a deviation. Since unilateral deviations lower payoffs, the efficient reference profile must be a Nash equilibrium indeed.
 The strange case of Denis O'Brien, the memory stick and a Rotterdam safe; The USB stick, which is central to O'Brien's case, was referred to again in the High Court yesterday
The Irish Times, February 6, 2016 Saturday

 When Mr Justice Colm Mac Eochaidh of the High Court made an order in favour of Denis O'Brien last October, the language he used left little apparent room for ambiguity. "And so," he said having laid the building blocks of law and logic, "in respect of the memory stick, I direct that it be given into the safekeeping of the plaintiff solicitor, to hold until further order, and that of course that there be no interference with the memory stick at all by anybody; it just be held on behalf of the litigation by your solicitor," he said looking at Michael Cush, O'Brien's barrister. "Is it sufficient I make that order on a forthwith basis?" asked Mac Eochaidh. To lawyers, forthwith means "without delay" or "immediately" or, in simple terms, "now". "Certainly, Judge," said Cush. "No difficulty with that."
 Court of Appeal for Ontario: Teva Canada Limited v. Bank of Montreal, 2016 ONCA 94
Canadian Government News, February 5, 2016 Friday

  Toronto: Court of Appeal for Ontario has issued the following decision: DOCKET: C58546 Weiler, Laskin and Cronk JJ.A. BETWEEN Teva Canada Limited Plaintiff (Respondent) and Bank of Montreal, Canadian Imperial Bank of Commerce, TD Canada Trust and Bank of Nova Scotia Defendants (Appellants)
 Court of Queen"s Bench - Alberta: Cumbria Engineering Ltd v Capital Power Corporation, 2016 ABQB 57
Canadian Government News, February 5, 2016 Friday

  Edmonton: Court of Queen's Bench - Alberta has issued the following decision: Docket: 0803 15898 Registry: Edmonton Between: Cumbria Engineering Ltd. Plaintiff - and - Capital Power Corporation, Scott Pocaluyko and Kevin Halldorson Defendants _______________________________________________________ Oral Reasons for Judgment of the Honourable Mr Justice W.N. Renke _______________________________________________________ This oral trial judgment has been edited for publication.
 Court of Queen"s Bench - Alberta: Mikkelsen v Truman Development Corporation, 2016 ABQB 23
Canadian Government News, February 5, 2016 Friday

  Edmonton: Court of Queen's Bench - Alberta has issued the following decision: Docket: 1201 04099 Registry: Calgary Between: Wayne Mikkelsen, Colin Wade Mikkelsen, Meghen Anine Mikkelsen and Alana Denise Mikkelsen Plaintiffs/Defendants by Counterclaim - and - Truman Development Corporation Defendant/Plaintiff by Counterclaim _______________________________________________________ Memorandum of Decision of the Honourable Madam Justice M.C. Erb _______________________________________________________ [1] The issues in this litigation arise from a dispute between the owners of a family farm located near Langdon, Alberta, and a residential development corporation over whether a purported joint venture agreement (the “Agreement”) gave the developer an interest in the farmland and, if so, whether it was terminated by separate agreement.
 Court of Queen"s Bench of Manitoba: Burnett v. CIBC Mortgage Inc., 2016 MBQB 13
Canadian Government News, February 5, 2016 Friday

  Winnipeg: Court of Queen's Bench of Manitoba has issued the following decision: Docket: CI 15-02-03259 Indexed as: Burnett v. CIBC Mortgage Inc. Cited as: 2016 MBQB 13 (Brandon Centre) COURT OF QUEEN'S BENCH OF MANITOBA BETWEEN:
 Court of Queen"s Bench of Manitoba: Campbell et al v. Jones et al, 2016 MBQB 10
Canadian Government News, February 5, 2016 Friday

  Winnipeg: Court of Queen's Bench of Manitoba has issued the following decision: COURT OF QUEEN’S BENCH OF MANITOBA B E T W E E N: jerry campbell AND sandra campbell, AND THE SAID JERRY CAMPBELL AND SANDRA CAMPBELL AS LITIGATION GUARDIANS FOR DYLAN CAMPBELL, )
 Italy: Debt Collection In Italy
Mondaq Business Briefing, February 5, 2016 Friday

 Regulations in Italy stipulate that business-to-business transactions must be paid within 30 days from the invoice date, and any extension beyond the period gives the creditor the right to claim interest without a dunning letter, as per the rate agreed upon on the agreement contract. If there is no agreement in place, then the European Central Bank interest rate, which is reviewed in January and July, increased by at least 8% points, is applied. Although the rates are authorised by law, proper negotiation should be engaged in, including signatories from both parties, to avoid the terms being considered unfair. This particular regulation in Italy is more constricting than the original European Union Recast Directive 2011/7/EU, which is now included in Italian domestic law (Decreto Legislative 9 novembre 2012, n.192). Days Sales Outstanding However most businesses in Italy fail to submit payments within the required 30 day period which makes collection of late payments more problematic. The average payment period for the private sector is around 100 days, whilst in the public sector, the period of payment can range up to 1 year.
 Superior Court of Justice - Ontario: French v Chrysler, 2016 ONSC 793
Canadian Government News, February 5, 2016 Friday

  Toronto: Superior Court of Justice - Ontario has issued the following decision: ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: ) ) Mark French, a Trustee of the Chippewas of the Thames Land Claim Trust, on Behalf of 1317424 Ontario Inc. and Mark French, a Trustee of the Chippewas of the Thames Land Claim Trust Plaintiffs – and –
 Superior Court of Justice - Ontario: Hughes v Liquor Control Board of Ontario, 2016 ONSC 867
Canadian Government News, February 5, 2016 Friday

  Toronto: Superior Court of Justice - Ontario has issued the following decision: ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ) ) DAVID HUGHES and 631992 ONTARIO INC. Plaintiffs – and – LIQUOR CONTROL BOARD OF ONTARIO, BREWERS RETAIL INC. (carrying on business as “THE BEER STORE”), LABATT BREWERIES OF CANADA LP, LABATT BREWING COMPANY LIMITED, MOLSON COORS CANADA, MOLSON CANADA 2005 and SLEEMAN BREWERIES LTD.
 Superior Court of Justice - Ontario: Pixiu Solutions Inc. v Canadian General-Tower Limited et al, 2016 ONSC 906
Canadian Government News, February 5, 2016 Friday

  Toronto: Superior Court of Justice - Ontario has issued the following decision: SUPERIOR COURT OF JUSTICE - ONTARIO RE: PIXIU SOLUTIONS INC., Plaintiff AND: CANADIAN GENERAL-TOWER LIMITED, CGT SHANGHAI TRADING CO. LTD. and CGT CHANGSHU LTD., Defendants BEFORE: The Honourable Mr. Justice D.A. Broad COUNSEL: John D. Campbell, for the Plaintiff James H. Bennett, for the Defendant CGT Shanghai Trading Co. Ltd.
 ASBESTOS UPDATE: Scotts Miracle Continues to Defend Fibro Cases
Lloyd's Asbestos Litigation Reporter, February 4, 2016

 Canada: Class Action Results In Hefty Bill: C$2-Million In Punitive Damages
Mondaq Business Briefing, February 4, 2016 Thursday

 In the recent decision Biondi c. Syndicat des cols bleus regroupés de Montréal (SCFP-301), the Superior Court of Quebec (Court) ordered the Syndicat des cols bleus regroupés de Montréal (Union) to pay C$2-million in punitive damages to the plaintiff class. Although Quebec courts can award punitive damages when expressly provided for in a statute, this remains an exceptional measure and courts are reluctant to award significant amounts under this head of damages. That being said, class actions often lead to claims for punitive damages, the amount of which can be significant given the junction of all class members' claims in a single proceeding. CONTEXT
 Canada: New Privacy Tort Recognized In Ontario: Jane Doe 464533 v. X
Mondaq Business Briefing, February 4, 2016 Thursday

 The relentless expansion of the internet into all facets of our lives has created many opportunities for the advancement of the law. Cyberspace is the modern frontier for the law to tame. On any given day, the facets of the internet are built upon by the contributions of billions of people. As a result of its directly democratic nature, it contains examples of the full spectrum of human behaviour that runs from selfless altruism to selfish insecurities and hatred. Justice Stinson's recent decision in Jane Doe 464533 v. X (the defendant's name is subject to a publication restriction) is a step in remedying the excesses of internet use.
 Gujarat High Court Rameshkumar Shankarlal Shah vs State Of Gujarat
Pakistan Law Reporter, February 4, 2016 Thursday

  Gujarat:IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 304 of 2015 ========================================================== RAMESHKUMAR SHANKARLAL SHAH....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ========================================================== Appearance: MR IH SYED, ADVOCATE WITH MR ANKIT B PANDYA, ADVOCATE for the Applicant(s) No. 1 MR SP HASURKAR, ADVOCATE for the Respondent(s) No. 2 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 29/01/2016 ORAL ORDER 1 By this writ application under Article 226 of the Constitution of India, the petitioner - original accused No.2 has prayed for the following reliefs:
 Law Offices of David Harrison Announce Investors Win $825,000 in FINRA Arbitration for Morgan Stanley Smith Barneys Failure to Properly Conduct Pre-Hiring Due Diligence
Financial Services Monitor Worldwide, February 4, 2016 Thursday

 (GlobeNewswire) - Law Offices of David Harrison announce a FINRA arbitration panel on February 1, 2016 rendered its decision and ordered Morgan Stanley Smith Barney, LLC (Morgan Stanley) to pay a total of $825,000 to two clients of the firm. The $825,000 award consists of $660,000 in compensatory damages, $165,000 in punitive damages and interest. The panel found Morgan Stanleys hiring process was not sufficient to vet the financial advisor who was the cause of the losses incurred by the Claimants. The award is Lewis et al. v. Morgan Stanley, FINRA Case No. 14-01604.
 W.P.(C) No. 2629 of 2015
Pakistan Law Reporter, February 4, 2016 Thursday

  Ranchi: High Court of Jharkhand has issued the following order: IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2629 of 2015 ----------- Unity Infraprojects Ltd., A company registered under the Indian Companies Act, 1956, having its registered office at 1252, Pushpanjali, Old Prabha Devi Road, Prabha Devi, P.O. and P.S. Prabha Devi, Mumbai, Maharashtra-400025, through its Authorised Signatorycum-Deputy General Manager ( Business Development), Tapash Kumar Ghosh, Son of Sri J.C. Ghosh, Resident of 224, Acharya Prafullo Chandra Road, Shyam Bazar, P.O. and P.S. Shyam Bazar, Kolkatta, West Bengal-700007. ……Petitioner Versus 1. The State of Jharkhand through Secretary, Building Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya, Project Building, P.O. and P.S. Dhurwa, District-Ranchi. 2. Deputy Secretary cum Internal Finance Advisor, Building Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya, Project Building, P.O. and P.S. Dhurwa, District-Ranchi. 3. Engineer in Chief, Building Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya, Project Building, P.O. and P.S. Dhurwa, DistrictRanchi. 4. Chief Engineer, Building Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya, Project Building, P.O. and P.S. Dhurwa, District-Ranchi.
 1 million dollar lawsuit against Cogéco
Canada NewsWire, February 3, 2016 Wednesday 1:31 PM Eastern Time

 QUÉBEC, le 3 févr. 2016 /CNW Telbec/ - The City of Québec filed a lawsuit in the amount of one (1) million dollars ($500,000 in compensatory damages and $500,000 in punitive damages) against Cogéco inc., Cogéco Diffusion Acquisitions inc. and Cogéco Diffusion inc., as well as against the president and director Mr. Louis Audet and the manager of the Québec radio station CJMF FM 93, Mr. Richard Renaud, for the false, inaccurate, malicious and diffamatory comments made on the air of FM 93, on November 25, 2015, by its morning man Sylvain Bouchard, during the morning show Bouchard en parle. During a segment of the show aired on prime time (around 8:08 a.m.), Bouchard commented the content of the Report publically released the day before by the Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry (« Charbonneau Commission »), as well as an article published by the "Journal de Québec" on November 25, with regards to what the Charbonneau Commission had designated as the "Québec cartel", a cartel of engineering firms who colluded to share public contracts granted by the City between 2007 and 2011.
 Cogeco Slapped With $1 Mln Defamation Lawsuit by The City of Quebec
Midnight Trader Live Briefs Canada, February 3, 2016 Wednesday 1:52 PM EST

  The City of Quebec filed a lawsuit in the amount of $1 million ($500,000 in compensatory damages and $500,000 in punitive damages) against Cogeco inc., Cogeco Diffusion Acquisitions inc. and Cogeco Diffusion inc., (CCA.TO) as well as against the president and director.
 Delhi High Court Icici Lombard General Insurance ... vs Saraswati Devi &Ors.
Pakistan Law Reporter, February 3, 2016 Wednesday

  Delhi:IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28th January, 2016+ MAC.APP. 487/2011 ICICI LOMBARD GENERAL INSURANCE CO. LTD. .... Appellant Through: Ms. Suman Bagga, Adv. Versus SARASWATI DEVI &ORS. ..... Respondents Through: Mr. Jitender Kamra, Adv. for claimant/respondent No.1.
 Delhi High Court Rajeev Saumitra vs Neetu Singh & Ors
Pakistan Law Reporter, February 3, 2016 Wednesday

  Delhi: IN THE HIGH COURT OF DELHI AT NEW DELHI% Judgment pronounced on: 27th January, 2016+ I.A. No.17545/2015 in CS(OS) No.2528/2015 RAJEEV SAUMITRA ..... Plaintiff Through Mr.P.V.Kapur, Sr. Adv. with Mr.Rahul Kumar, Ms.Divyya Kapur, Mr.Sidhant Kapur & Mr.V.K.Nagrath, Advs.
 INEC Timetable Excludes PDP From Anambra Senatorial Election Re-Run
This Day (Lagos), February 03, 2016

 The Independent National Electoral, Commission (INEC) has excluded the Peoples Democratic Party (PDP) from participating in the re-run election for Anambra Central senatorial zone scheduled for March 5. In the same vein, the All Progressives Congress (APC), All Progressives Grand Alliance (APGA) and Social Democratic Party (SDP) were also excluded from participating in re-run elections in Kogi, Abia and Adamawa States respectively. In a timetable released Tuesday for the conduct of elections as ordered by the Court of Appeal, INEC also disallowed parties from fielding new candidates for the re-run election thereby putting paid to the idea of conducting fresh primaries.
 Orissa High Court Sri Navin Das And Another vs Smt. Ranjita Singh
Pakistan Law Reporter, February 3, 2016 Wednesday

  Orissa: HIGH COURT OF ORISSA: CUTTACK FAO NO. 75 OF 2015 From the order dated 27.12.2014 passed by the learned 2nd Addl. Senior Civil Judge, Bhubaneswar in I.A. No. 496 of 2014 arising out of C.S. No. 7240 of 2014. ------------- Sri Navin Das and another ...... Appellants -Versus- Smt. Ranjita Singh ...... Respondent For Appellants : Mr.D.C. Mohanty, Sr. Advocate M/s. D.R. Mohapatra, S.R. Mohapatra & K.K. Jena.
 Subodh Pramanik Vs. Suraj Pramanik & Ors
Pakistan Law Reporter, February 3, 2016 Wednesday

  Calcutta: Calcutta High Court has issued the following order: 1 27.11.2015 Court No. 02 Item No. SL-17 snandy (DISPOSED OF) CO 4230 of 2015 Subodh Pramanik Vs.
 Supreme Court of British Columbia: British Columbia Hydro and Power Authority v. Heathcote, 2016 BCSC 140
Canadian Government News, February 3, 2016 Wednesday

  Victoria: Supreme Court of British Columbia has issued the following decision: Docket: S156624 Registry: Vancouver Between: British Columbia Hydro and Power Authority Plaintiff And Ronald Paul Heathcote and Sharon Marie Byers Defendants Before: The Honourable Mr. Justice Walker Oral Reasons for Judgment In Chambers Counsel for Plaintiff:
 Supreme Court Upholds Constitutionality of Cap on Back Wages for Employment Disputes
European Union News, February 3, 2016 Wednesday

  London: Society for Human Resource Management has issued the following Press release: Mexico's Supreme Court affirmed the constitutionality of the Federal Labor Law (FLL) provision allowing back wages to be capped at 12 months' compensatory damages in all employment-related lawsuits commenced after Dec. 1, 2012.
 The Edinburgh Clinic offers pioneering glaucoma treatment
Scotsman, February 3, 2016 Wednesday

  AN Edinburgh hospital has become the first in the country to offer a pioneering treatment for the eye degeneration condition glaucoma - which they say can help preserve vision. The Edinburgh Clinic, is offering the innovative treatment called the XEN Gel Implant, a tiny drainage tube made of a soft, flexible collagen, that is the width of a human hair.  The implant enables excess fluid to drain from the eye thereby relieving the high eye pressure caused by glaucoma, preventing damage to the optic nerve, and helping to preserve vision.
 WYNN RESORTS: Macau Unit Continues to Defend Okada Parties Suit
Lloyd's Corporate Litigation Reporter, February 3, 2016

 WYNN RESORTS: Okada Parties Litigation in Discovery Phase
Lloyd's Corporate Litigation Reporter, February 3, 2016

 Ahmed Arthur in court over false declarations
Ghana News Agency (GNA), February 2, 2016 Tuesday

  Victoria Bright, Lawyer and Member of the New Patriotic Party (NPP), is asking the Accra High Court to declare as null and void, the Okaikoi South parliamentary primary that elected Ahmed Arthur as candidate.
 Calcutta High Court Stadmed Pvt. Ltd vs Sun Pharmaceuticals Industries
Pakistan Law Reporter, February 2, 2016 Tuesday

  Calcutta: IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No. 3602 of 2015 CS No. 143 of 2003 GA No.3603 of 2015 STADMED PVT. LTD.
 CNX GAS: Faces Class Action Over Kinney Lease Agreement
Class Action Reporter, February 2, 2016

 Kyla Asbury, writing for West Virginia Record, reports that aclass action lawsuit has been filed against CNX Gas Company LLCand Noble Energy Inc. after the plaintiffs claim the companieswere unjustly enriched at their expense.
 FEDERAL HOME: Defending Jacobs and Hindes Suit vs. FHFA, Treasury
Class Action Reporter, February 2, 2016

 Federal Home Loan Mortgage Corporation said in its Form 10-QReport filed with the Securities and Exchange Commission onNovember 3, 2015, for the quarterly period ended September 30,2015, that the Company is defending the case, Jacobs and Hindesvs. FHFA and Treasury.
 Supreme Court of British Columbia: Seidel v. Telus Communications Inc., 2016 BCSC 114
Canadian Government News, February 2, 2016 Tuesday

  Victoria: Supreme Court of British Columbia has issued the following decision: Docket: L050143 Registry: Vancouver Between: Michelle Seidel Plaintiff And: Telus Communications Inc. Defendant Before: The Honourable Mr. Justice D.M. Masuhara Reasons for Judgment Counsel for Plaintiff: B.W. Lemer A.M. Grant Counsel for Defendant:
 Can Judiciary Be Reformed With N70 Billion Budget?
Daily Trust (Abuja), February 01, 2016

 Despite the wailing and crying in the Judiciary over the declining budget share for this Third Arm of Government, the Federal Government has proceeded to budget N70 billion for the entire nation's Judiciary in the 2016 Budget proposals. This is N3billion lower than the 73 billion appropriated for the Judiciary in 2015. Indeed, the previous Appropriation Acts have shown that funding from the Federal Government has witnessed a steady decline since 2010, from N95 billion in that year to N85 billion in 2011, then N75 billion in 2012 and again in the 2013 budget to N67billion. In 2014 and 2015, former President Goodluck Jonathan, through his administration's window budgeting principle threw N68 billion and N73 billion respectively to the Judiciary.
 Florida woman blames Hyatt for data breach
Legal News Line, February 1, 2016 Monday

 Former employee claims Martinsburg law firm bilked clients
West Virginia Record, February 1, 2016 Monday

 Greenbrier Co. woman accuses AutoZone of discrimination
West Virginia Record, February 1, 2016 Monday

 Jackson Co. man sues Century Aluminum for age discrimination
West Virginia Record, February 1, 2016 Monday

 Man files class action accusing PNC Bank of illegal fee assessment
West Virginia Record, February 1, 2016 Monday

 Asian - Australasian Journal of Animal Sciences
February 1, 2016

   INTRODUCTION           Fatty liver is a common metabolic disorder in dairy cows during the transition period. Up to 65% of dairy cows are affected by moderate (triacylglycerol [TAG] 50 to 100 mg/g of wet liver) or severe (TAG [greater than or equal to] 100 mg/g of wet liver) fatty liver during early lactation (Jorritsma et al., 2000). The primary pathological feature of fatty liver is the excessive deposition of fat, which predominantly consists of TAG, in the liver. Most transition dairy cows are in a state of negative energy balance (NEB) due to increased energy demands after parturition, coupled with lagging dry matter intake (DMI) (Hayirli et al., 2002). The most direct factor in the induction of fatty liver is a NEB (Oikawa et al., 2010). The economic results of fatty liver are reduced milk yield (MY), poor fertility, high risks of other periparturient diseases, and early culling of affected animals. As fatty liver can lead to substantial economic losses in the dairy industry, its prevention is of the utmost importance.     Several risk factors have been suggested, which include a high body condition score caused by prolonged lactation because of reproductive failure and overfeeding in late lactation and the dry period, a high rate of body lipid mobilization around calving, a low feed intake, and a low protein content in the diet (Sejersen et al., 2012). However, there is no consensus regarding the overall metabolic state for fatty liver in dairy cows.
 PHILIP MORRIS: 3 Lights Cases Pending at October 27
Class Action Reporter, February 1, 2016

 Philip Morris International Inc. said in its Form 10-Q Reportfiled with the Securities and Exchange Commission on October 30,2015, for the quarterly period ended September 30, 2015, that asof October 27, 2015, there were 3 lights cases brought byindividual plaintiffs pending against the Company's subsidiariesor indemnitees in Chile (2) and Italy (1), compared with 2 suchcases on October 30, 2014, and 2 such cases on October 30, 2013.
 PHILIP MORRIS: 80 Smoking and Health Cases Pending at October 27
Class Action Reporter, February 1, 2016

 Philip Morris International Inc. said in its Form 10-Q Reportfiled with the Securities and Exchange Commission on October 30,2015, for the quarterly period ended September 30, 2015, that asof October 27, 2015, there were a number of smoking and healthcases pending against the Company, its subsidiaries orindemnitees:
 PHILIP MORRIS: Nov. 2016 Hearing on Merits Appeal in "Blais"
Class Action Reporter, February 1, 2016

 Philip Morris International Inc. said in its Form 10-Q Reportfiled with the Securities and Exchange Commission on October 30,2015, for the quarterly period ended September 30, 2015, that aCourt of Appeal in Canada has scheduled a hearing for the meritsappeal in November 2016 in the class action filed by ConseilQuebecois Sur Le Tabac Et La Sante and Jean-Yves Blais.
 PHILIP MORRIS: Nov. 2016 Hearing on Merits Appeal in "Letourneau"
Class Action Reporter, February 1, 2016

 Philip Morris International Inc. said in its Form 10-Q Reportfiled with the Securities and Exchange Commission on October 30,2015, for the quarterly period ended September 30, 2015, that aCourt of Appeal in Canada has scheduled a hearing for the meritsappeal in November 2016 in the class action filed by CeciliaLetourneau.
 Smt. Mina Devi Ganeriwala & Ors. -verusSantosh Kumar Bhartia & Ors.
Pakistan Law Reporter, February 1, 2016 Monday

  Calcutta: Calcutta High Court has issued the following order: 23.11.2015 Item No. 7 Court No. 14 ac S.A.T. 533 of 2013 Smt. Mina Devi Ganeriwala & Ors. -verusSantosh Kumar Bhartia & Ors. Mr. Pinaki Dhole.
 Superior Court of Justice - Ontario: Celenza v Remax Premier Inc., 2016 ONSC 628
Canadian Government News, February 1, 2016 Monday

  Toronto: Superior Court of Justice - Ontario has issued the following decision: REASONS FOR DECISION INTRODUCTION [1] The plaintiff, Jerry Celenza, and the defendant, Gabriel Bianchi, are real estate agents. Bianchi owns and operates a real estate brokerage under the name Remax Premier Inc. (“Premier”). Premier operates under a franchise agreement with RE/MAX Ontario – Atlantic Canada Inc. (“Re/Max Canada”). Premier has a number of branch offices within an exclusive territory. At that time, Celenza owned and operated a real estate brokerage under the name Home at Ease Realty Inc.
 Superior Court of Justice - Ontario: Gouett v Mullins, 2016 ONSC 714
Canadian Government News, February 1, 2016 Monday

  Toronto: Superior Court of Justice - Ontario has issued the following decision: REASONS FOR DECISION ON COSTS DiTOMASO J. INTRODUCTION [1] The parties were involved in a dispute as a result of the Gouett’s use of a road which ran through the property of Ms. Mullins and Mr. Black. The road was not a public highway. Pursuant to the Road Access Act, Ms. Mullins and Mr. Black brought an application seeking a Declaration that the private road known as Tay Bay Road which ran over their property was not an access road as defined by the Act. They further sought a permanent order closing their road which they claim as their private driveway to the Gouetts. The Gouetts brought a counter-application under the Act seeking a Declaration that Tay Bay Road which ran across the property owned by Ms. Mullins and Mr. Black was an access road defined by the Act and also sought a permanent injunction restraining Ms. Mullins and Mr. Black from blocking or interfering with the Gouett’s use of the access road. The applications were consolidated and heard together.
 Woman sues Cabell Co. school board for discrimination, retaliation
West Virginia Record, February 1, 2016 Monday

 Woman sues Wells Fargo for misrepresentations in debt collection
West Virginia Record, February 1, 2016 Monday

 Australia: Landlord unable to force Lessee to trade - 29 January 2016
Mondaq Business Briefing, January 31, 2016 Sunday

 Business failure is an unfortunate reality that most landlords are required to deal with from time to time. Often landlords are left in very difficult situations when a lessee's business fails, particularly where the lessee is unable to carry out its obligations under a lease with a significant term left to run. This raises the question: what rights are available to a landlord when a lessee has been forced to prematurely bring leasing arrangements to an end? In the recent case of Sentinel Countrywide Retail Ltd v PC Emerald (Qld) Pty Ltd [2015] QSC 348, the Queensland Supreme Court dealt with precisely this issue. In this alert, Partner James Bottomley, Solicitor Kerrod Giles and Law Clerk Bridie Feehely examine this decision and analyse the guidance it provides for landlords facing these situations.
 Jolly Bhaduri @ Gouri Bhaduri (Nag) Vs. The State of West Bengal & Ors
Pakistan Law Reporter, January 30, 2016 Saturday

  Calcutta: Calcutta High Court has issued the following order: 1 19.11.2015 Item No.64 SB W.P. 27260 (W) of 2015 Jolly Bhaduri @ Gouri Bhaduri (Nag) Vs.
 Tribunal dismisses motions seeking to stop Bello's inauguration
Weekly Trust, January 30, 2016 Saturday

  Kogi State Governorship Election Petitions Tribunal in Lokoja Monday dismissed two motions seeking interlocutory injunction to stop the inauguration of Alhaji Yahaya Bello as the governor of the state on Wednesday.y
 Workers of Stanchart to Be Laid Off Sue Bank Over Exit Packages
Business Day Ghana, January 30, 2016

 Some workers of Standard Charted bank who are to be laid off this year-2016, have dragged the bank to court over the severance package being offered them. Tons of workers of Stanchart Ghana are to be laid off this year as part of moves by Stanchart Global to operate a lean and efficient bank.
 Alleged allergy to surgical tape results in suit against Saint Francis Hospital
West Virginia Record, January 29, 2016 Friday

 Asthmatic alleges state failed to accommodate her disability
West Virginia Record, January 29, 2016 Friday

 Calbee North America sued over alleged misrepresentation of snap peas products
Legal News Line, January 29, 2016 Friday

 Family accuses Mon Power of building power lines on private property
West Virginia Record, January 29, 2016 Friday

 FrackQuake: Two Okla. lawsuits claim hydraulic fracturing causes earthquakes
Legal News Line, January 29, 2016 Friday

 M.A. No.58 of 2012
Pakistan Law Reporter, January 29, 2016 Friday

  Ranchi: High Court of Jharkhand has issued the following order: IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No.58 of 2012 1. Reena Devi, w/o Late Darshan Ravidas 2. Kaili Devi, w/o Late Koma Ravidas both resident of village­Chumba, P.O. & P.S. Giddi, District­Hazaribag ....... …..... Appellants/Claimants Versus 1. M/s Rungta Projects Ltd., Mangalam 301, 24, Hemant Basu Sarani, Kolkata­ 700001 through Deepak Rungta s/o Ram Swaroop Rungta resident of Vikas Bhavan, Bariyatu, P.O. & P.S. Bariyatu, Dist­ Ranchi, at present­ Anandita Spunge Iron Factory Ltd., Senegada, Vill­Chumba, P.O. & P.S. Giddi, Dist.­ Hazaribag 2. P.C.Singh, Incharge Director of M/s/ Rungta Projects Ltd, resident of Vikas Bhavan, Bariyatu, P.O. & P.S. Bariyatu, Dist.­ Ranchi, at present­Anandita Spunge Iron Factory Ltd., Senegada, Vill­Chumba, P.O. & P.S. Giddi, Dist.­ Hazaribag 3. The Branch Manager, Bajaj Allianz General Insurance Company Limited, 10B, Q.C. Ganguli Sarani Kolkata­700020 4. The Branch Manager, Bajaj Allianz General Insurance Company Ltd. having its local branch in the premises of Laxmi Cinema Hall, Main Road, P.S. Sadar, P.O. & Dist.­ Hazaribag …… Opposite Parties ­­­­­­­­­ CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY ­­­­­­­­­ For the Appellants : Mr. Awnish Shankar, Advocate For the O.P.No.1 : Mr. Rahul Saboo, Advocate Order No.11 Dated: 3rd November, 2015 This appeal has been preferred by the appellants­claimants against the judgment and award dated 22.03.2012 passed by learned 5th District Judge ­cum­ Motor Vehicle Accident Claim Tribunal, Hazaribag in connection with Claim Case No.127 of 2006. 2. The claimants have filed present appeal mainly on the ground that the learned Tribunal has wrongly held the deceased partly liable for the accident.
 Man accuses Eastern Associated Coal of age discrimination
West Virginia Record, January 29, 2016 Friday

 Month to January 29: Seremban Engineering plummets 13.7% on weak volume
News Bites - Asia: Malaysia, January 29, 2016 Friday

 MALAYSIAN MONTHLY STOCK REPORT Seremban Engineering Bhd. (MYX:5163), Malaysia's 160th largest Industrial Products company by market cap, plummeted 6.50 sen (or 13.7%) in the trailing month to close at 41.0 sen. The volume was 0.5 times average trading of 4.3 million shares. Compared with the FTSE Bursa Malaysia 100 Index which fell 158.1 points (or 1.4%) in the month, this represented a relative price change of -12.3%. In the past month the market cap has slumped MYR5.2 million. The stock was listed on May 10. Price Change %1-month6-month3-year5163-13.7%-3.5%Industrial products-3%6.57%84.98%FTSE Bursa Malaysia 100-1.38%-2.5%2.6%
 New York woman alleges Victoria Fine Foods misrepresented vodka sauce
Legal News Line, January 29, 2016 Friday

 SEPLAT Petroleum Development Co PLC Seplat takes over operatorship of OML53 and OML55
London Stock Exchange Aggregated Regulatory News Service (ARNS), January 29, 2016 Friday 4:24 PM GMT

 U.S. Postal Service hit with two federal car accident lawsuits
West Virginia Record, January 29, 2016 Friday

 Woman claims TLK fired her after she complained about sexual harassment
West Virginia Record, January 29, 2016 Friday

 Benwood chiropractor alleges former patient is harming his business
West Virginia Record, January 28, 2016 Thursday

 California man alleges bait-and-switch scheme by Hilton
Legal News Line, January 28, 2016 Thursday

 Canada: Polluter Pays Doctrine Underscored: Section 99(2) Of The EPA Applied: Some Thoughts On Midwest Properties Ltd. v. Thordarson, 2015 ONCA 819
Mondaq Business Briefing, January 28, 2016 Thursday

 Introduction Ontario's Court of Appeal awarded damages for migration of petroleum hydrocarbons onto a neighbouring property in Midwest Properties Ltd. v. Thordarson under a seldom applied section of the Environmental Protection Act, section 99. Midwest is also the most recent case in the interpretation and application of the "polluter pays" doctrine. On January 26, 2016, Thorco Contracting Limited and Mr. Thordarson filed their application for leave to appeal to the Supreme Court of Canada. Facts
 Couple blames WVU Hospitals for woman's injuries
West Virginia Record, January 28, 2016 Thursday

 Court of Appeal for Ontario: Fleming v. Massey, 2016 ONCA 70
Canadian Government News, January 28, 2016 Thursday

  Toronto: Court of Appeal for Ontario has issued the following decision: DOCKET: C59738 Feldman, Juriansz and Brown JJ.A. BETWEEN Derek Fleming Plaintiff (Appellant) and Andrew Massey, Lombardy Raceway Park, Lombardy Karting, Lombardy Agricultural Society and the National Capital Kart Club (NCKC)
 Customer alleges Century's AK-47 rifles defective
Legal News Line, January 28, 2016 Thursday

 Man claims brain injury after falling on ice at Pizza Station
West Virginia Record, January 28, 2016 Thursday

 Mom claims defective light fixture fell onto infant
West Virginia Record, January 28, 2016 Thursday

 SEC Issues Administrative Proceeding on Kuperman, QED Benchmark Management
Targeted News Service, January 28, 2016 Thursday 4:16 AM EST

 The Securities and Exchange Commission issued the following administrative proceeding (File No. 3-17075): File No. 3-17075 In the Matter of PETER KUPERMAN and QED BENCHMARK MANAGEMENT, L.L.C., Respondents. ORDER INSTITUTING ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS, PURSUANT TO SECTION 8A OF THE SECURITIES ACT OF 1933, SECTION 21C OF THE SECURITIES EXCHANGE ACT OF 1934, SECTIONS 203(e), 203(f) AND 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 CEASEAND-DESIST ORDER I.
 Supreme Court of British Columbia: Taseko Mines Limited v. Western Canada Wilderness Committee, 2016 BCSC 109
Canadian Government News, January 28, 2016 Thursday

  Victoria: Supreme Court of British Columbia has issued the following decision: Docket: S121589 Registry: Vancouver Between: Taseko Mines Limited Plaintiff And Western Canada Wilderness Committee also known as Wilderness Committee and Sven Biggs Defendants Before: The Honourable Mr. Justice Funt Reasons for Judgment Counsel for the Plaintiff:
 Utah men allege New York Road Runners operates illegal lottery
Legal News Line, January 28, 2016 Thursday

 Veteran, wife sue Wells Fargo in foreclosure fight
West Virginia Record, January 28, 2016 Thursday

 Woman claims bottle injured her at Wal-Mart
West Virginia Record, January 28, 2016 Thursday

 Barboursville Crazy 8 store named in negligence suit
West Virginia Record, January 27, 2016 Wednesday

 Build A Barn allegedly failed to deliver building as promised
West Virginia Record, January 27, 2016 Wednesday

 Calcutta High Court M/S.Pataka Industries Pvt. Ltd vs Henry Mekin India Pvt. Ltd. And Ors
Pakistan Law Reporter, January 27, 2016 Wednesday

  Calcutta:IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.PATAKA INDUSTRIES PVT. LTD. Versus HENRY MEKIN INDIA PVT. LTD. AND ORS. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 21st January, 2016.
 EEOC Cracks Down on Retaliation
Premium Official News, January 27, 2016 Wednesday

  London: Society for Human Resource Management has issued the following news release: Revenge isn’t so sweet when it takes the form of unlawful retaliation. Retaliation can stifle employees from coming forward and disclosing what they know during internal investigations. It can result in unlawful discharge, including sometimes the termination of HR practitioners when they are trying to perform equal employment opportunity (EEO) functions. And it can result in compensatory and punitive damages against a company.
 Longford driver awarded 750k for crash
Irish Examiner, January 27, 2016 Wednesday

 Francis Smith, aged 25, of Bracklin Grove, Edgeworthstown, Co Longford, had through his mother Martina Dempsey, sued Longford County Council as a result of the crash on January 27, 2009 at Cartronegagh, Edgeworthstown, Co Longford.
 Man hit by car inside apartment sues alleged driver
West Virginia Record, January 27, 2016 Wednesday

 Paul Uuter Dery appeals Chief Justice to eliminate Judge Torkonoo from his lawsuits
Legal Monitor Worldwide, January 27, 2016 Wednesday

 One of the justices implicated in the judicial scandal, Justice Paul Uuter Dery, has filed a petition requesting the Chief Justice to remove a judge from sitting on his cases for exhibiting bias.
 Supreme Court of Newfoundland and Labrador, Trial Division: HL Holdings GFW Inc. v. Wentzell,1764 (NL SCTD)
Canadian Government News, January 27, 2016 Wednesday

  St. John's: Supreme Court of Newfoundland and Labrador, Trial Division has issued the following decision: Docket: 201101G4963 Between: HL Holdings GFW Inc. First Plaintiff And: Holiday Lanes Central Inc. Second Plaintiff And: Brian D. Wentzell First Defendant And: Collins & Associates Second Defendant ______________________________________________________________________________ Before: Justice Gillian D. Butler ______________________________________________________________________________ Place of Hearing: St. John’s, Newfoundland and Labrador Dates of Hearing: September 14, 15, 16, 17 and 18, 2015 Summary:
 Supreme Court of Newfoundland and Labrador, Trial Division: Landvis Canada Inc. v. Ocean Choice International Limited Partnership, 544 (NL SCTD)
Canadian Government News, January 27, 2016 Wednesday

  St. John's: Supreme Court of Newfoundland and Labrador, Trial Division has issued the following decision: Docket: 201501G4961 Between: Landvis Canada Inc. First Plaintiff And: Landvis EHF Second Plaintiff And: Andrew Wissler Third Plaintiff And: Gudjon Thorbjornsson Fourth Plaintiff And:
 TIML to pay $1.25m settlement
Taranaki Daily News (New Zealand), January 27, 2016 Wednesday

 A legal stoush has ended with the New Plymouth District Council's investment arm repaying $1.25 million to an Australian company after backing out of a deal to sell them their Tasmanian farms.
 Woman sues Kanawha Co. school board, City of Nitro for injuries
West Virginia Record, January 27, 2016 Wednesday

 Australia: Commonwealth damages claim for overpaying on patented products continues
Mondaq Business Briefing, January 26, 2016 Tuesday

 The Full Court of the Federal Court of Australia has rejected an argument that the Commonwealth is precluded by provisions of the Therapeutic Goods Act 1989 (Cth) from seeking damages pursuant to undertakings given by two patentees when obtaining interlocutory relief preventing the launch of generic pharmaceutical products. The Commonwealth's claims, in one case including a claim for AU$54.8 million, continues. Key Points
 Automobile dealership claims competitor's suit lacked merit
West Virginia Record, January 26, 2016 Tuesday

 C.O. 909 of 2014
Pakistan Law Reporter, January 26, 2016 Tuesday

  Calcutta: Calcutta High Court has issued the following order: In the High Court At Calcutta Civil Revisional Jurisdiction Present: The Hon’ble Mr. Justice Ashoke Kumar Dasadhikari C.O. 909 of 2014 Gopal Chandra Ghosh vs. Sri Tinkari Ray Mr. Gopal Chandra Ghosh Mr. Sanjib Kumar Mukhopadhyay Mr. Sunirmal Khanra Ms. Kalpita Paul … for the petitioner. Mr. Buddhadeb Ghoshal … for the opposite party Heard on: 24.8.2015, 7.9.2015, 14.10.2015 Judgment on: 16.10.2015 Ashoke Kumar Dasadhikari, J:- Order impugned dated 13th January, 2014 passed by the learned Judge, Second Bench, City Civil Court at Calcutta in Title Suit No.824 of 2012 rejecting the application filed by the petitioner under Section 151 of the Code of Civil Procedure praying for an order directing the defendant/ opposite party to remove the padlock or any other resistance from the gate of the common passage so that the petitioner/plaintiff/tenant may get free access to the suit property from main road forthwith, failing which direction may be given to the officer-in-charge, Burtolla police station to remove the same and to give freeaccess to the plaintiff for ingress and egress to the suit property from the main road.
 California man claims Safeway under-fills tuna cans
Legal News Line, January 26, 2016 Tuesday

 Charleston couple accuses doctor of medical malpractice
West Virginia Record, January 26, 2016 Tuesday

 Court of Appeal - Alberta: Ashar v Irving Oil Limited, 2016 ABCA 15
Canadian Government News, January 26, 2016 Tuesday

  Edmonton: Court of Appeal - Alberta has issued the following decision: Docket: 1501-0078-AC 1501-0160-AC Registry: Calgary Docket: 1501-0078-AC Between: Irving Oil Limited Respondent (Plaintiff/Applicant) - and - Mayank Ashar also known as Michael Ashar also known as Mike Ashar Appellant (Defendant/Respondent)
 EUR750,000 settlement for man with brain injury
RTE News, January 26, 2016 Tuesday 11:37 PM GMT

 A 25-year-old man who suffered a brain injury after he crashed his car into the back of a council truck on the side of a road has settled his High Court action for €750,000.
 Former employee accuses state DHHR of discrimination
West Virginia Record, January 26, 2016 Tuesday

 Gopal Chandra Ghosh vs. Sri Tinkari Ray
Pakistan Law Reporter, January 26, 2016 Tuesday

  Calcutta: Calcutta High Court has issued the following order: In the High Court At Calcutta Civil Revisional Jurisdiction Present: The Hon’ble Mr. Justice Ashoke Kumar Dasadhikari C.O. 909 of 2014 Gopal Chandra Ghosh vs. Sri Tinkari Ray Mr. Gopal Chandra Ghosh Mr. Sanjib Kumar Mukhopadhyay Mr. Sunirmal Khanra Ms. Kalpita Paul … for the petitioner. Mr. Buddhadeb Ghoshal … for the opposite party Heard on: 24.8.2015, 7.9.2015, 14.10.2015 Judgment on: 16.10.2015 Ashoke Kumar Dasadhikari, J:- Order impugned dated 13th January, 2014 passed by the learned Judge, Second Bench, City Civil Court at Calcutta in Title Suit No.824 of 2012 rejecting the application filed by the petitioner under Section 151 of the Code of Civil Procedure praying for an order directing the defendant/ opposite party to remove the padlock or any other resistance from the gate of the common passage so that the petitioner/plaintiff/tenant may get free access to the suit property from main road forthwith, failing which direction may be given to the officer-in-charge, Burtolla police station to remove the same and to give freeaccess to the plaintiff for ingress and egress to the suit property from the main road.
 Homeowners liable for construction accident
South Carolina Lawyers Weekly, January 26, 2016 Tuesday

 A jury in Orangeburg County has awarded more than $1 million to a 65-year-old man who was injured during a construction accident on private property, after determining that the homeowners were liable for the incident.
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