BY ANTONIO LORDI The uproar of the Court of First Instance’s decision in Microsoft Corp. v. Commission in September of 2007 has shadowed the importance of another decision issued by the same tribunal on the same day that actually has much more impact than the former because it involves the entire legal […]
Archive for May, 2012
The Federal Energy Regulatory Commission Can Only Invalidate a Freely Negotiated Contract…
BY JOSEPH L. SMITH The Supreme Court of the United States affirmed the Ninth Circuit on alternative grounds and remanded to the Federal Energy Regulatory Commission to evaluate whether the contractual rates were harmful to the public interest, and whether unlawful market manipulation existed. Continue Reading>
Courts May Vacate Grievance Arbitration Awards When Contrary to Public Policy…
BY AMIE THOMPSON The Pennsylvania Supreme Court held that under the Public Employe Relations Act (PERA), the essence test is applicable to judicial review of grievance arbitration awards and is no longer subject to the core functions exception, but is now subject to a new public policy exception. Continue Reading>
A “Common” Problem: Examining the Need for Common Ground in the “Common Enterprise” Element of the Howey Test
BY CHRISTOPHER L. BORSANI, ESQ. An undeniable fact in securities regulation law is that if a transaction is a security, and assuming none of the exemptions of 15 U.S.C. 77c apply, then that security must be registered with the Securities and Exchange Commission (“SEC” or “the Commission”). Whether or not […]
Arbitrating Hate: Why Binding Arbitration of Discrimination Claims is Appropriate for Union Members
BY DANIEL B. MOAR When the Supreme Court issued its opinion in Alexander v. Gardner-Denver Co., the Court appeared to announce a clear rule that all employees have a right to bring a statutory discrimination suit in federal court. This holding also included union members who were employed under a collective […]
Only “the Punctilio” if I Say So: How Contractual Limitations on Fiduciary Duties Deny Protection to Victims of Oppressive Freeze-Outs within Private Business Entities
BY MARY-HUNTER MORRIS Justice Cardozo first famously formulated the unassailable core of fiduciary duties in Meinhard v. Salmon: “Joint adventurers, like co-partners, owe to one another the duty of the finest loyalty something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the […]
