BUSINESS LAW

Negligent Recommendation of Environmental Consultant: Another Form of Lender Liability When a lender requires a borrower to obtain an environmental assessment as a condition to providing financing and then negligently recommends an unqualified company to perform the work, the lender may be liable to the borrower for damages resulting from the environmental company’s negligent failure […]

Implied covenant of good faith and fair dealing The Implied covenant of good faith and fair dealing is a general assumption of the law of contracts, that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligations, or denying what the other party obviously understood. A […]

United States 1st Circuit Court of Appeals Reports VITAL BASICS INC. v. VERTRUE INC., 05-2741 (1st Cir. 12-29-2006) VITAL BASICS INCORPORATED, Appellant, v. VERTRUE INCORPORATED, F/K/A MEMBERWORKS, INCORPORATED, Appellee. No. 05-2741. United States Court of Appeals, First Circuit. December 29, 2006. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, [Hon. George […]

California Courts of Appeal Reports SHEPPARD v. LIGHTPOST MUSEUM FUND, H029574 (Cal.App. 12-29-2006) TERRANCE J. SHEPPARD, Plaintiff and Respondent, v. LIGHTPOST MUSEUM FUND, et al., Defendants and Appellants. H029574 Court of Appeal of California, Sixth District December 29, 2006 Certified for Publication Appeal from Santa Clara County Superior Court No. CV041254. Attorneys for Appellants: Rhonda […]

Dispute Over the Meaning of “Invention’ in Article 52(2) EPC: The patentability of computer-implemented inventions in Europe Justine Pila, University of Oxford Abstract In 2002, the European Economic and Social Committee (ESC) described the doctrinal premise of the European Patent Office´s interpretation of Art. 52(2) of the European Patent Convention as “the product of legal […]

Ohio Appellate Reports Unpublished W.O.M. v. WILLYS-OVERLAND MOTORS, Unpublished Decision (12-29-2006) 2006-Ohio-6997 W.O.M., Ltd., Appellee v. Willys-Overland Motors, Inc. and Gregory Roe, Appellants. No. L-05-1201. Court of Appeals of Ohio, Sixth District, Lucas County. Decided: December 29, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Court of Appeals No. L-05-1201. […]