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837 results found


Day Pitney LLP | USA | 7 Mar 2017

White Collar Roundup - March 2017

The U.S. Supreme Court will consider in Class v. United States "whether a guilty plea inherently waives a defendant's right to challenge the


Pepper Hamilton LLP | USA | 23 Feb 2017

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of Contract, the Economic Loss Rule, and Project Waivers

This case arose out of a construction project in which the Oldham County Board of Education (the “Board”) was the owner, K. Norman Berry Associates


Gordon Rees Scully Mansukhani | USA | 4 Oct 2016

CMS issues changes to requirements of participation affecting LTC facilities: arbitration is outare waiver of jury trials in?

Effective November 28, 2016, long-term care facilities that participate in Medicare and Medicaid will no longer be able to enter into “pre-dispute”


Gowling WLG | Canada | 23 Aug 2016

Alternative arguments in support of tax assessments

The Minister may not reassess after the normal reassessment period unless the taxpayer has filed a waiver, or the taxpayer’s return included a


Graf & Pitkowitz Rechtsanwalte GmbH | Austria | 19 Aug 2016

Still no final clarification on victim's liability in banking phishing attacks

The Supreme Court recently dismissed a victim's claim to refund an unauthorised payment transaction against his bank and held that, among other things


Porzio Bromberg & Newman PC | USA | 14 Jul 2016

Bounce Around The (Court)Room: Trampoline Park's Arbitration Provision Deemed Unenforceable

In the interest of full disclosure, I have taken my kids to the Sky Zone Trampoline Park near our home and we have always had a great time. For those


Dentons | Canada | 16 Feb 2016

Waiver was unenforceable under WSIA, employee entitled to sue employer after workplace injury

An Ontario employee has won the right to sue his employer for damages for an injury suffered at work. An appeal court decided that a waiver he signed


Torkin Manes LLP | Canada | 2 Feb 2016

Waivers - Another One Upheld!

Waivers are being effectively upheld with regard to allegations of negligence, as long as they are clearly worded and unambiguous. However, does the


McMillan LLP | Canada | 6 Mar 2014

In advertising, silence can be golden or at least not actionable

The Court of Appeal for Ontario, in a case involving an application to certify a proposed misleading advertising class action with respect to front


Stikeman Elliott LLP | Canada | 31 Oct 2013

Court of Appeal affirms dismissal of negligence claim for defective but non-dangerous washing machines

In Arora v. Whirlpool Canada LP (2013 ONCA 657) the Court of Appeal upheld the denial of certification of claims against Whirlpool on the basis that

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