Supreme Court Applies “Reasonable” Basis Test in Clarifying Liability for Statements of Opinion
On March 24, 2015 the Supreme Court released its much-anticipated opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, holding that statements of opinion in issuers’ registration statements filed with the...
OSHA Showed Up. OSHA Issued Your Company a Citation . . . Now What?
At some point, all construction companies or manufacturers will have a visit from an Occupational Safety and Health Administration (OSHA) inspector. The inspector may or may not be expected. Either way, it is imperative...
Target Data Breach Opens Potential Recovery Path for Financial Institutions
2014 was a big year for data security breaches and 2015 may reveal even more complex and troubling problems. Individual consumers are either numb from the continual news feed detailing the various criminal scenarios...
Until Debt Do Us Part: Eighth Circuit Creates Split on Violation of ECOA for Spousal Guaranties
While the Circuits may disagree on who started the dispute, they certainly disagree on the definition of “applicant” under the Equal Credit Opportunity Act (ECOA). See 15 U.S.C. § 1691e; see 12 C.F.R. § 202.2(e)...
Recyclers May Face New Hurdles Under RCRA Rule
After years of controversy, EPA recently adopted more stringent regulations for waste recyclers. On January 13, 2015, EPA issued its Final Rule in the Federal Register that amended the Resource Conservation and Recovery Act...
Supreme Court makes it harder to overturn patent cases on appeal
The Supreme Court has clarified how an appellate court should review the trial court’s determination of what patent claims mean. In some cases, this decision will make it more difficult for a party that loses...
Contractors and Owners Beware: Your contracts may limit your Recoverable Damages
Complex construction cases are rarely tried to a jury in Kentucky. Following eight years of litigation and a lengthy jury trial, last Friday, the Kentucky Court of Appeals issued an unpublished opinion that vacated...
Damages for Idle Equipment are Recoverable Under Recent Kentucky Court Decision
Reported Kentucky appellate court decisions in construction law are infrequent. So published decisions are noteworthy, especially when they arise from public contracts. This article reports on the Kentucky Court of Appeals’ decision in Ford...