North America

Jennifer Loeb and team successfully obtain full dismissal

Jennifer Loeb led our team to successfully obtain a full dismissal of a claim made by a tenant against our client (a landlord) arising from a fire that occurred in a rental unit. In dismissing the claim the judge concluded that the plaintiffs had failed to establish that their damages had been caused by the negligence of the defendant, stating that to reach that conclusion would “be speculative at best.”

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Gawker, “New Media,” and Labor Unions—More Insights

Last week we reported on the June 3rd vote by Gawker media’s employees for union representation and speculated what it meant in the broader context of union organizing among Millennials.

Today, Rachel L. Swarns of the New York Times provided some insight based on interviews and reporting with Gawker workers.

The article notes a recent study by the Pew Research Center finding that those in the 18-29 age group view unions more favorably than those in other age groups, with almost twice as many having a favorable view of unions than those who don’t.

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NEONATAL ENCEPHALOPATHY 2015: OPPORTUNITY LOST AND WORDS UNSPOKEN

The Journal of Maternal-Fetal And Neonatal Medicine

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In this paper, Beirne, Maynard & Parsons partner Thomas Sartwelle and Dr. James C. Johnston M.D J.D., discuss how the Task Force Study on Neonatal Encephalopathy Second Edition 2014 failed to address Electronic Fetal Monitoring (EFM) and its forty years of clinical futility, failed to condemn EFM’s continued use against physicians in the world’s courtrooms and ignored the ethical breaches EFM’s use compels physicians to commit daily. This article considers why these critical points were overlooked and asks why the Task Force recommended continued EFM use for all women in labor while simultaneously acknowledging EFM’s impotency. This paradox is explored among the background of trial lawyers’ involvement in cerebral palsy and the failure of birth-related professional organizations to recognize that the Daubert doctrine may be used to exclude EFM junk science from the world’s courtrooms.

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LAW & LITIGATION NEWS SERIES: POLITICAL ACTIVITY AND THE LAW

As the 2016 presidential race heats up, partners Joseph Nixon andTrey Trainor analyze the basics that businesses and their advisors should know regarding political contributions law. To read the entire article, please access the below pdf.

PDF FilePolitical Activity and the Law

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Supreme Court Denies Aboriginal Accused’s Right to Representative Jury

The Supreme Court of Canada has recently tackled ( and in my view, wrongly decided) the issue of representativeness of Aboriginal people on Canadian juries.  In the case of R. v. Kokopenace, 2015 SCC 28, the appellant, Clifford Kokopenace, was an Aboriginal Canadian from the Grassy Narrows First Nation Reserve in the District of Kenora, Ontario.  He was charged with second degree murder for stabbing his friend to death in a fight.  He was tried by a judge and jury in 2008, acquitted of murder but convicted of manslaughter.  Prior to his sentencing, Kokopenace’s lawyer learned that there may have been problems with including Aboriginal on-reserve residents on the jury roll for the District of Kenora which raised questions about the representativeness of the jury in his case.  The issue was raised for the first time on appeal to the Ontario Court of Appeal.
 
Mr. Kokopenace argued at the Court of Appeal that because his jury was chosen from a jury roll that did not adequately ensure that Aboriginal on-reserve residents were included, his rights under sections 11(d), 11(f) and 15 of the Charter of Rights and Freedoms (the “Charter”) were violated. 
 
Section 11(d) of the Charter provides that any person charged with an offence has the right… to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal. 
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McDonald Hopkins Government Strategies Advisory: This Week in Washington — June 12, 2015

BREAKING NEWS UPDATE: Moments before this advisory was released, the House finalized their vote to overwhelmingly reject the TAA program (302 to 126). House leadership then moved forward with the TPA fast-track authority vote, which narrowly passed by a margin of 219 to 211. Immediately after the vote, Speaker Boehner moved to reconsider the TAA legislation next week– ostensibly giving President Obama time to rally Democrats who abandoned him on the vote today.

Early Friday morning, it was still unclear whether President Barack Obama’s fast-track trade bill would actually move forward in the House.

Hope remains for free trade supporters after a tense, late afternoon House vote on Thursday that narrowly kept Obama’s trade agenda alive. The showdown expected later today features two diverse coalitions for and against the measure and inter-party fighting on both sides of the partisan aisle.

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Five McDonald Hopkins attorneys honored as top attorneys in Florida

MIAMI and WEST PALM BEACH, Fla. (June 12, 2015) – Five attorneys at McDonald Hopkins have been named to the 2015 Florida Super Lawyers list as among the top attorneys in Florida. Super Lawyers selects less than five percent of the lawyers in the state for this prestigious list.

Peter M. Bernhardt; Member, Litigation Department – Bernhardt focuses on complex commercial litigation matters, representing both plaintiffs and defendants in contract disputes, partnership disputes, shareholder disputes, claims for legal and accounting malpractice, construction litigation, employment litigation, probate litigation, real estate litigation, landlord/tenant matters, and business torts.

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Welcome to Alexandra Andrisoi

We’d like to welcome the newest member of our Insolvency & Restructuring, Strata and Business Litigation Groups, Alexandra Andrisoi, who originally joined Clark Wilson as a summer student. She will be providing advice to the firm’s clients on a broad range of civil and commercial litigation matters.

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Don Sihota featured in CLEBC’s Volunteer Spotlight

Don Sihota was featured in the Continuing Legal Education Society of British Columbia’s Volunteer Spotlight for, among other things, his important work as editor of the CLEBC’s Due Diligence Deskbook.

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Religious Accommodation & EEOC v. Abercrombie & Fitch – What You Don’t Know Can Hurt You

Health care providers should be aware that whether and how to provide accommodations for the sincerely held religious beliefs and practices of employees and job applicants is a fast-developing workplace legal issue. On June 1, 2015, the Supreme Court issued its decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc[1] (“Abercrombie”). For […]

The post Religious Accommodation & EEOC v. Abercrombie & Fitch – What You Don’t Know Can Hurt You appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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