News

SCOTUS Confirms that Younger Abstention Is Appropriate in Only Three Exceptional Circumstances

By EsqSocial Corporation 18/12/13

In a unanimous decision released Tuesday, the U.S. Supreme Court held that federal abstention under Younger v. Harris, 401 U.S. 37 (1971) applies in only three “exceptional circumstances.” The Court previously identified those exceptional...

Challenges of New Indiana Bat Guidance

By EsqSocial Corporation 18/12/13

The federal Endangered Species Act is designed to prevent the taking of endangered species and imposes a regulatory program geared toward the protection and conservation of federally listed species and their critical habitat. Companies undertaking...

TVM Update: J&J Officials May Have Intentionally Destroyed Ethicon Vaginal Mesh Documents

By EsqSocial Corporation 18/12/13

Officials at Johnson & Johnson’s Ethicon division are currently facing serious allegations that they intentionally destroyed important documents that had been order to be preserved as evidence for thousands of vaginal mesh lawsuits. Specifically,...

Royalty Awarded After Remittitur More Appropriately Based on Percentage Than Dollar Figure Per Unit Sold to Avoid Windfall to Plaintiff

By EsqSocial Corporation 18/12/13

In February 2013, Tomita Technologies USA, LLC ("Tomita") went to trial before a jury against Nintendo Co., Ltd. ("Nintendo"). In March 2013, the jury returned a verdict in favor of Tomita in the amount of $30.2 million, finding that the Nintendo 3DS...

Insured’s Settlement Without Consent Bars Coverage Under An OCIP

By EsqSocial Corporation 18/12/13

In its recent decision in Perini/Tompkins Joint Venture v. Ace Am. Ins. Co., 2013 U.S. App. LEXIS 24865 (4th Cir. Dec. 16, 2013), the United States Court of Appeals for the Fourth Circuit, considering both Maryland and Tennessee law, had occasion to...

Be Careful, Frats and Teams Because Hazing Is a Crime in Ohio

By EsqSocial Corporation 18/12/13

Immortalized by movies and books, the practice of hazing seemed to be a relic of the past. A recent story from Athens, Ohio shows that isn't the case. All practices and matches of the Ohio University men's water polo team have been suspended until an...

Protecting Your Personal Holdings From Your Small Business or Investment Property Through Limited Liability Entities

By EsqSocial Corporation 18/12/13

Kern County is filled with hardworking entrepreneurs. In my practice, helping people build businesses and providing tax and asset protection advice, one of the most re-occurring issues that arises is asset protection, specifically, protecting the...

Quebec Implements Voluntary Retirement Savings Plans

By EsqSocial Corporation 18/12/13

On December 4, 2013, Bill No. 39, the Voluntary Retirement Savings Plans Act (the “Act”) was assented to. The Act will come into force as of January 1, 2014. It should be noted however that the time limit applicable to the obligations prescribed by...

Writing as a Signal

By EsqSocial Corporation 18/12/13

Although it was many lost brain cells ago, I can still remember those first days of law school when my classmates and I spent a week or two figuring out how to even read a court decision or legal brief. It struck me as odd that I could pick up any...

Gay students are routinely bullied in one Miss. school district, suit alleges

By EsqSocial Corporation 18/12/13

Gay students in one Mississippi school district are subject to routine bullying, a lawsuit against the district alleges. The suit, filed Tuesday in federal court in Gulfport, alleges that district officials have done little to remedy the situation, the Sun Herald reports.

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