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Litigation and Alternative Dispute Resolution

“Common Carrier” Tax Exemption Lost When Operator Reserves the Right to Select Its Passengers

The Balloons Over the Rainbow decision also considered whether the ride operator qualified for the “common carrier” exemption from Missouri use taxes on its out-of-state equipment purchases...

Manufacturer's Corner: EPA Issues Final Rule on Cooling Water Intake (Again)

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

After much legal wrangling over earlier rulemaking efforts, on May 19 EPA issued a new final rule pursuant to Section 316(b) of the Clean Water Act. You can find a helpful fact sheet about the rule here...


FDCPA Summary Judgment Victory

Contact: Joshua Dickinson; Spencer Fane Britt & Browne LLP (Missouri, USA)

We are pleased to report a victory in the Eastern District of Missouri in an FDCPA case. The opinion can be read here...


Aircraft Repair Lien Takes Priority Over Lender’s Security Interest

A recent decision of the Oklahoma Court of Civil Appeals reinforced the priority of statutory liens protecting aircraft repair facilities. In Blue Sky Telluride, L.L.C. v. Intercontinental Jet Service Corporation, the court found that an aircraft repair lien takes priority over all other claims against an aircraft. Even the interest of a lender that financed the acquisition of the aircraft, with a prior security interest on file, is inferior to an aircraft repair lien under Section 9-333 of the Uniform Commercial Code...

Manufacturer's Corner: A Primer on "Vouching In"

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Here at the Manufacturer’s Corner, we typically focus on litigation avoidance rather than litigation tactics. After all, this column is written for manufacturers, not lawyers. But we want to take a moment to address a procedure called “vouching in,” because (a) it can be a useful tool for you, and (b) if somebody is trying to vouch you into litigation, you need to recognize what is happening and understand the consequences...


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