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Case Briefs
Ohio Appeals Court Enforces Absolute Pollution Exclusions
An insurer did not waive its right to deny coverage by defending an insured and settling a number of claims alleging damages from lead contamination, an Ohio appeals court held in enforcing absolute pollution exclusions. The Cincinnati Insurance Co. v. Thomas, Case No. CA2005-12-518, 2006 Ohio App. LEXIS 6449, Court of Appeals of Ohio, 12th Appellate District, Butler County (decided Dec. 11, 2006).
The case arose from development of an old skeet shooting range that was contaminated from lead pellets. The developer, Lexington Manor, Inc., learned of the contamination through an environmental assessment and retained an environmental engineering group to address the soil contamination. As part of the remediation plan, the soil was treated and buried on site, with the environmental firm certifying that the property was suitable for residential development. Lexington Manor sold 46 lots to a homebuilder, which knew of the contamination and remediation, but did not disclose this information to prospective homeowners. Some of the would-be homeowners sued when tests performed on the lots disclosed residual lead contamination.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?