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Tag Archives: Applies
Chancery Applies Corporate Advancement Case Law to LLC Context
A recent Delaware Court of Chancery decision interpreted the advancement provisions of an LLC Agreement by applying case law interpreting DGCL Section 145 in the corporate context. In Freeman Family LLC v. Park Avenue Landing LLC, C.A. No. 2018-0683-TMR (Del. … Continue reading
Posted in Business law
Tagged Advancement, Applies, case, Chancery, context, Corporate
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EPA Releases Interpretive Statement on whether CWA NPDES Permit Program Applies to Releases of a Pollutant from a Point Source to Groundwater
By James V. Aidala and Susan M. Kirsch On April 23, 2019, the U.S. Environmental Protection Agency (EPA) announced it was making available its Interpretive Statement addressing whether the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES) permit … Continue reading
Posted in Environmental Law
Tagged Applies, Groundwater, interpretive, NPDES, Permit, Point, Pollutant, Program, releases, Source, Statement, whether
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Under LHWCA, Excusable Neglect Standard Applies to Late Filed Attorney Fee Petition
The Ninth Circuit has ruled that the excusable neglect standard applies to late filed attorney fee petitions under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §901, et seq. In Iopa v. Saltchuk-Young Brothers, No. 17-70415 (March 4, … Continue reading
Don’t Test Me! FDA Applies “Deemed Triggered” Regulation to 180-Day Generic Drug Exclusivity
By Kurt R. Karst — “Don’t test me!”— that’s a warning that I, along with my younger brother, Erik, heard more than once from our parents while growing up. The warning would come up from time to time—but particularly during … Continue reading
Posted in Products Liability
Tagged 180Day, Applies, Deemed, Dont, drug, Exclusivity, Generic, regulation, Test, triggered
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Federal Court Rejects Insurer’s Narrow Interpretation of Securities Insuring Agreement and Applies Notice-Prejudice Rule to Financial Institution Bond
A federal court last month turned away an insurer’s legal arguments seeking to avoid financial institution bond coverage for a bank’s losses resulting from a borrower’s use of forged documents to obtain a $3.6 million loan. In doing so, the … Continue reading
Posted in Insurance
Tagged Agreement, Applies, Bond, Court, Federal, Financial, Institution, Insurers, Insuring, Interpretation, narrow, NoticePrejudice, Rejects, Rule, Securities
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