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Minnesota energy regulators have cleared the way for a tribal casino to fire up a massive solar array after ruling that its electric utility acted unlawfully by threatening to pull the plug on the property, The Minnesota Star Tribune reports.
The Minnesota Public Utilities Commission (PUC) voted unanimously last week that Minnesota Valley Cooperative Light and Power Association cannot disconnect the Upper Sioux Community’s Prairie’s Edge Casino Resort over its 2.5-megawatt solar project.
Minnesota Valley, a small cooperative utility serving parts of western Minnesota, claimed the 2.5-megawatt array vastly exceeded the 40-kilowatt limit it sets for members. The utility threatened to cut off electricity to the casino if the tribal nation turned the system on.
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George Hasselback is done with Imperial Pacific International (IPI). The attorney has been representing the controversial and incompetent casino operator as it defended itself in a lawsuit filed by Fox Financial, as well as others, but has now washed his hands and stepped away. He had filed a request to withdraw from representing the company on February 12, and a judge granted his petition yesterday. Magistrate Judge Heather Kennedy agreed with Hasselback in his assertion that continued representation would put him in an ethical conundrum.
Judge Kennedy explained in her ruling, “The court finds that Hasselback’s statements that continued representation in this matter would cause him to violate several ethical obligations trigger mandatory withdrawal under Model Rule 1.16(a) and is sufficient for granting his motion.” She added, “Hasselback need not be required to provide details, beyond his written motion, to establish that mandatory withdrawal is warranted,” and stated that requiring him “to specify the basis for his mandatory withdrawal could create the untenable situation of an attorney having to choose between his obligation of candor to the court and his obligation to maintain his client’s confidences.”
Unfortunately, because of that attorney-client privilege, it is difficult to know what types of ethical dilemmas Hasselback is facing. However, it’s likely just the mere hint at issues will be enough for IPI to find itself, once again, being more closely scrutinized. Where that leads is anyone’s guess, given gaming regulators’ reluctance to hold the company accountable for its actions.
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“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
Citing U.S. code, the gaming company is pushing for an inter parties review while requesting that the board find the 18 claims in question “unpatentable.”
Patent squabbles, including those pertaining to geolocation services, aren’t unheard of in the online gaming space. How things shake out in the Cantor Fitzgerald/DraftKings spat remains to be seen, but it’s possible the deck is stacked against the gaming company.