Aug 18, 2015

A Lesson About Protective Orders

In Glock v. Glock, Inc., Case No. 14-15601 (decided August 17, 2015), the United States Court of Appeals for the Eleventh Circuit addressed a novel about the use of discovery taken in the United States to aid a case filed overseas. However, the more useful lesson of that case is about protective orders. Glock, Inc. is the well-known manufacturer of guns. In 2011, Gaston Glock and Helga Glock began a divorce proceeding in Austria. In connection with those proceedings, Helga Glock filed an action in the United States under 28 U.S.C. § 1782 seeking to discover evidence from Glock, Inc. and… Read more

Apr 2, 2014

Comcast Corp. v. Behrend Comes To The Eleventh Circuit

This blog previously reported on the decision of the United States Supreme Court in Comcast Corp. v. Behrend, 133 S. Ct. 1427 (2013). See “The United States Supreme Court Takes Another Look at Class Actions” (posted March 28, 2013). That decision required lower courts to take a hard look at class certifications, and particularly at the issue of whether or not damages could be proven on a class-wide basis. The Eleventh Circuit relied upon that decision to order a district court to reconsider the certification of class in Williams v. Multimedia Games, Inc., Case No. 13-12733 (decided April 2, 2014)…. Read more

Jul 19, 2012

Board Member Liability after Fletcher v. The Dakota, Inc.

board room

A recent decision of the Appellate Division, First Department,[1] Fletcher v. The Dakota, Inc.,[2] has significantly changed the circumstances in which tort claims may be asserted against board members of cooperatives  and condominiums in their personal, rather than only corporate, capacities.  We believe this decision is not the last word on this issue.  However, board members should be aware that until or unless the apparent holding of the case is rejected by the New York Court of Appeals or narrowed by the Appellate Division itself,  board members who are successfully sued personally and are not protected by sufficient insurance or… Read more

Nov 28, 2011

Waste Pro USA, Inc. Takes Green Initiatives to the Next Level

 Submitted by Waste Pro, Inc. Waste Pro USA, Inc. takes great pride in not resting on its laurels. With the recent announcement of an investment of $100 million to begin converting its diesel truck fleet to that of a Compressed Natural Gas (CNG) fleet, Waste Pro continues its commitment to maintaining a “Blue Sky, Green Earth”. The investment also includes construction of state of the art fueling facilities throughout the South.  “We care about the communities we serve. Our future includes a continued commitment to solar powered facilities, residential and commercial recycling, landfill diversion, and clean air. This move will… Read more

Aug 25, 2009

Authority to Impose Fines

Red Card

We have been asked from time to time by cooperative (“coop”) and condominium boards about their ability to impose fines to ensure compliance with house rules.   While the fines that boards seek to impose are generally small, boards occasionally seek to charge considerable sums for repeated or continuing infractions. You should be aware, however, that regardless of the amount, the legality of fines or penalty fees may be subject to question.   Courts have determined that the New York Condominium Act authorizes a condominium board to impose fines.  See Sweetman v. Board of Managers of Plymouth Village Condominium, 1998 WL 112655… Read more