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November 26, 2012
Publication
New Jersey is struggling to fix its solar market following a sustained and precipitous drop in prices for Solar Renewable Energy Credits (SRECs). A new solar energy bill (the Solar Law) designed to stabilize the market was signed into law on July 23, 2012 by Governor Chris Christie but questions surrounding its implementation by the New Jersey Board of Public Utilities (BPU or the Board) have led many stakeholders to question the sustainability of New Jersey’s solar market under its current design.
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November 21, 2012
Publication
On November 5 in Edenbridge, U.K., a 30-foot-tall model of Lance Armstrong was burned to celebrate Guy Fawkes' failed plot to blow up the Parliament. The giant Armstrong likeness held a Tour de France cup in one hand and a sign in the other, which read,
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November 21, 2012
Publication
How far will the bankruptcy court go in exercising post-confirmation jurisdiction in an adversary action based on a pre-petition state law claim?
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November 15, 2012
Publication - Utility & Energy
Starting on January 1, 2013, New Jersey commercial and industrial (C&I) ratepayers will be eligible for a new credit
against their Societal Benefits Charge (SBC) contributions. The credit was signed into law by New Jersey Governor Chris Christie on January 17, 2012. Under the provisions of the statute (N.J.S.A. 48:3-60.3), C&I ratepayers may be eligible for a credit against their SBC charge equal to one-half of the costs incurred for the purchase and installation of energy efficiency products and/or services.
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November 15, 2012
Publication - Bad Faith, Insurance Coverage - Insurance
Earlier this year, the U.S. District Court for the Southern District of Texas ruled an insured can pursue its bad faith claim even where the insurer made timely payment of the appraisal award and the court dismissed the breach of contract claim on summary judgment. Intermodal Equip. Logistics, LLC and Sea Train Logistics, LLC v. Hartford Accident & Indem. Co., No. 3:10-cv-00458 (S.D. Tex. Galveston Div. May, 24, 2012).
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November 13, 2012
Publication - Labor & Employment - Insurance
With the re-election of Barack Obama and the prospect of continued political gridlock at the congressional level, the administration will likely turn to regulatory and administrative avenues in an effort to pursue workplace policy goals. The landscape is very different than it was just four short years ago.
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November 13, 2012
Publication - Professional Liability - Insurance
Collectibility in Legal Malpractice Suits - A Required Element in Proving Damages: Schmidt v. Coogan - Commercial Litigation Alert - In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to prove collectibility is fatal to a plaintiff trying to establish damages in a legal malpractice action.
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November 08, 2012
Publication - Insurance Coverage - Insurance
Virginia Supreme Court Ends Chinese Drywall Debate - Global Insurance Alert - We are pleased to report that the Virginia Supreme Court has tacked down – or, more appropriately, "drywall-ed in" – the issue of whether a pollution exclusion in a property insurance policy precludes coverage for Chinese drywall claims under Virginia law.
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November 07, 2012
Publication - Subrogation & Recovery - Insurance
Fifth Circuit Reverses Itself on Hurricane Katrina Cases, Raises Bar for Pursuing Flood Claims Against Army Corps of Engineers - Subrogation and Recovery Alert! - Flood damage subrogation claims are likely to be harder to pursue against the Army Corps and potentially other governmental entities according to a recent U. S. Fifth Circuit Court of Appeals case discussing Hurricane Katrina losses.
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November 06, 2012
Publication - Utility & Energy
On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state law nuisance claims are preempted by the federal Clean Air Act (CAA).
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November 06, 2012
Publication - Bad Faith, Insurance Coverage - Insurance
On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No. 12-10055, 2012 WL 4858194 (5th Cir. Oct. 15, 2012).
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November 05, 2012
Publication - Environmental Litigation & Enforcement, Environmental Regulatory & Due Diligence
U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims - Energy, Environmental and Utilities Alert - On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state law nuisance claims are preempted by the federal Clean Air Act (CAA).
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November 01, 2012
Publication - Public & Project Finance
This Podcast will review select highlights from the Municipal Securities Rulemaking Board from 2012. Throughout this Podcast we will refer to the Municipal Securities Rulemaking Board as the “MSRB”. Discussion is intended to put these developments into the context of the MSRB’s larger mission and goals. This Podcast is intended for issuers, borrowers and other market professionals.
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October 29, 2012
Publication
The NCAA is a financial juggernaut. Each year, the organization generates nearly a billion dollars of revenue premised largely on its perceived status as shepherd of the amateur ideal. Indeed, the NCAA takes great pains to cultivate that image by, among other things, reminding us that most student-athletes “go pro in something other than sports.”
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October 24, 2012
Publication - Subrogation & Recovery - Insurance
ATF Critical of Electrical Arc Bead Recognition Study - Subrogation and Recovery Alert! - A new Technical Bulletin (Tech. Bull. 001-9/28/2012) issued by the Bureau of Alcohol, Tobacco & Firearms critiques an earlier National Institute of Justice funded report on inspecting electrical conductors involved in fires. This ATF Technical Bulletin is important reading for anyone handling fire losses involving electrical equipment or electrical lines.
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October 23, 2012
Publication
A lawyer's take on how to fix the National College Athletics Association's broken, capricious system for investigating and punishing schools and student-athletes accused of impropriety
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October 23, 2012
Publication - Appellate
Two terms ago, in Wal-Mart Stores v. Dukes, a 5-4 majority of the U.S. Supreme Court emphasized that class actions should be the "exception," not the rule, in federal litigation. In Dukes, the court held that a class of 1.5 million current and former employees of Wal-Mart failed to satisfy the "commonality" requirement of Federal Rule of Civil Procedure 23, and, therefore, could not bring a class action asserting their employment discrimination claims under Title VII.
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October 19, 2012
Publication - Insurance Coverage - Insurance
Ohio Supreme Court Rules That Claims of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy - Global Insurance Alert - On October 12, 2012, the Ohio Supreme Cort resolved a long-simmering conflict among Ohio's intermediate appellate courts by answering the following certified question: Are claims of defective construction/workmanship brought by a property owner claims for "property damage" caused by an "occurrence" under a commercial general liability policy?
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October 17, 2012
Publication
We all remember the adolescent bully who made grade school and high school an unbearable experience for many. But what happens when your playground nemesis grows up to become your co-worker, or even worse, your boss?
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October 16, 2012
Publication
Samuel A. Lewis discusses the increasingly common use of alternative dispute resolution procedures like mediation and arbitration.
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