Picadio Sneath Miller & Norton, P.C.

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October 2014 Archives

Subsurface Mining Rights Revisited

In Commonwealth v. Seneca Resources Corporation, 2014 LEXIS 608 (Pa. Commw. Ct., October 6, 2014), the Commonwealth Court of Pennsylvania revisited the Pennsylvania Gaming Commission's ("Commission") complaint that alleged that although Seneca Resources Corporation ("Seneca") possessed the rights to oil and gas under certain parcels of land owned by the Commission, the language in one of the deeds gave permission to Seneca to extract oil and gas only using methods that existed in 1928. In its January 2014 opinion the Commonwealth Court resolved some issues from the complaint but continued the case on the sole issue of whether Seneca's hydraulic fracturing extraction methods were restricted by the language of the 1928 deed.

"RED BULL GIVES YOU WINGS"; NEW YORKERS AND CALIFORNIANS FILE SUITS AFTER CONSUMING RED BULL ENERGY DRINKS AND FAILING TO GROW WINGS

Herald, Michael 2014 143 200.jpgA New York federal judge granted preliminary approval to a settlement reached between groups of New Yorkers and Californians who challenged the energy drink maker, Red Bull's, advertising slogan that "Red Bull gives you wings!" In Careathers v. Red Bull North America, Inc., 1:13-CV-0369 (S.D.N.Y.2013), and Wolf and Almaraz v. Red Bull GmbH, Red Bull North America, Inc., and Red Bull Distribution Company, Inc., 1:13-cv-08008 (C.D.Ca.2013), the proposed classes alleged that Red Bull falsely marketed its energy drinks as providing certain "functional benefits", resulting in consumers paying a price premium for the energy drink over alternate sources of caffeine.

Pennsylvania Superior Court finds that Oral Contract Supports Claim under Contractor Subcontractor Payment Act and that "curbs" Constitute "structures" and "improvements to Real Property"

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Middle District of Pennsylvania Allows Plaintiff to Reassert Bad Faith Count, Finding That Insurance Company's Actions May Effectively Amount to Denial of Coverage

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