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BLG Monthly Update

Borden Ladner Gervais LLP
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Argentina, Australia, Canada, United Kingdom, USA
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December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

Clause acknowledging contract’s ambiguities not enough to render it unenforceable

Borden Ladner Gervais LLP
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USA
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November 20 2012

Some unusual drafting in the pre-nuptial agreement signed by James and Judy Newman just before they got married in 2007: a handwritten addition stated that ‘there are certain ambiguities contained within the body of this document which each party agrees to clarify and re-write within 30 days of the date of execution hereof’

‘For wine, timing is critical. The same is true for causes of action’

Borden Ladner Gervais LLP
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USA
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November 20 2012

So said Koeltl J of the 2d Circuit in dismissing claims brought by William Koch against Christie’s, the auction house, for its alleged part in a scheme to sell wine that was fraudulently described as having come from the private stock of Thomas Jefferson (new wine in old bottles, essentially): Koch v Christie’s International plc (2d Cir, 4 October 2011

Law school grads fail in suit against their dodgy alma mater

Borden Ladner Gervais LLP
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USA
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September 19 2012

The Thomas M. Cooley Law School is, shall we say, not the finest in the United States: as the judge stated in MacDonald v Thomas M Cooley Law School (SD Mich, 20 July 2012), it has ‘the lowest admission standards of any accredited or provisionally accredited law school in the country’ and (not surprisingly) finds itself ‘in the bottom tier in every major law school ranking’ in the US

No recovery for emotional distress from watching traumatic death of pet

Borden Ladner Gervais LLP
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USA
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September 19 2012

Joyce McDougall’s Maltese-poodle cross was shaken to death by a much larger dog belonging to a neighbour, Charlot Lamm

Coverage denied for a gruesome occurrence

Borden Ladner Gervais LLP
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USA
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August 8 2012

On the way to cremation at Liberty Grove Cemetery, dead bodies were illegally dissected so that tissue, organs and bones could be removed from them for commercial sale

Judge’s frustration at alphabet soup

Borden Ladner Gervais LLP
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USA
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July 10 2012

Silberman J of the DC Circuit, in a decision on the US government’s evaluation of sites for the disposal of nuclear waste, has harsh words (in a footnote) for counsel who ‘abandoned any attempt to write in plain English, instead abbreviating every conceivable agency and statute involved, familiar or not’, thereby littering their materials with an indigestible mess of acronyms

Breach of oral trust

Borden Ladner Gervais LLP
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USA
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June 12 2012

It’s never a happy day when a father has to sue his daughter, but there will be times when it appears to be necessary: Berkowitz v Berkowitz, 2012 US Dist LEXIS 31487 (DMass, 9 March 2012

Inmate gets reprieve in ‘mailroom of death’ case

Borden Ladner Gervais LLP
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USA
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March 15 2012

We reported back in December on the case of Cory Maples, whose ability to appeal his death sentence was denied because the necessary paperwork never reached his pro bono lawyers at Sullivan & Cromwell