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Respondent disputes this. Respondent points to Article 1(3)(b) of the Cyprus-Serbia BIT, which requires the investor to prove its seat is in the territory of Cyprus and argues that regardless of whether the Tribunal applies international law or Cyprus law to determine what "seat" means under the BIT, the term "seat" re...
Legal Decisions
7.111317
8.690043
7.86413
C. All past due royalties (including any compensatory royalties payable under Paragraph VI.B) shall be subject to a Late Charge based on the amount due and calculated at the maximum rate allowed by law commencing on the day after the last day on which such monthly royalty payment could have been timely made and for eve...
Party Submissions
7.634686
7.763022
8.385379
In his testimony, referred to: estimated extraction rates as referred to at pp. 47-49 of the Investment Agreement (Exh. C-10), with “an increasing curve that goes beyond Please explain the basis for these statements by reference to the evidence in the record. 126. was referring to the estimated initial production forec...
Party Submissions
17.533041
14.601854
18.168974
As stated in § 2, vessels that are to fish in waters outside any state’s fisheries jurisdiction must be registered through notification to the Directorate of Fisheries. Attached is the registration form that can be used. [...] The registration notification will be processed and information about the vessel will be sent...
Legal Decisions
13.3089
14.145903
12.440787
App.—El Paso 1990, writ denied)). So it makes little difference whether Respondents “disclaimed any appellate issue about res judicata,” whether the court of appeals insisted “it was not ruling on res judicata,” or whether the “opinion cites no case about res judicata.” (Resp. 16) The opinion’s underpinning logic is mo...
Party Submissions
8.647799
9.084266
9.416718
Deep within Texas law, and indeed the legal fabric of many jurisdictions, lies a wariness of unconscionable contracts or clauses. Such contracts, perceived as lopsided or oppressive, are often deemed unenforceable. An arbitration clause that leaves a party vulnerable to unfettered costs, especially when there's a stark...
Party Submissions
9.337794
9.304716
9.740095
The Manns argue that Bay has produced no evidence of a written agreement, and therefore summary judgment was proper. However, contrary to the Manns' assertion, Bay's record evidence supports the existence of a fact issue concerning whether a “written agreement” exists. See Briggs, 337 S.W.3d at 283. This evidence inclu...
Party Submissions
6.856376
6.987265
7.138884
In describing the pervasive regulatory scheme created by the Property Tax Code, the court in Appraisal Review Bd. of Harris Cty. Appraisal Dist. v. O'Connor & Assocs ., 267 S.W.3d 413 (Tex. App.—Houston [14th Dist.] 2008, no pet. ) stated the following: The Tax Code sets forth administrative procedures for aggrieved pr...
Party Submissions
4.839163
5.40361
5.164997
Finally, this Court should address whether the Legislature through HHSC has legislatively imposed duties for all owners, managers, operators, or other attendants in charge of Class A or Class B public swimming pools. See TEX. HEALTH & SAFETY CODE § 341.0645 (requiring compliance with rules adopted by commissioner to pr...
Party Submissions
3.982547
4.250672
4.210856
The parties' arguments in the judicial review case have evolved somewhat over the course of the proceedings. However, HN3 [ ] section 410.302 of the Labor Code [**13] provides that a trial court is limited to reviewing only those issues decided by the appeals panel. TEX. LAB. CODE ANN. § 410.302(b) (Vernon 2006); Ins. ...
Party Submissions
5.170556
5.869959
5.893932
For the above reasons, Claimant respectfully requests the T Respondent to produce the documents requested here Request No. 16: The Request is denied. The Claimant is requesting access to documents mostly prepared by the Claimant himself and relating in whole or in part to the encounter organized by the Claimant between...
Legal Decisions
18.912764
17.540846
20.107515
S.W.3d 52, 63 (Tex. 2013) (citing Turner v. KTRK Television, Inc., 38 S.W.3d 103, 115 (Tex. 2000)).
Party Submissions
3.099789
3.876213
4.856197
Overview”, ASA Bulletin 22, (2/2004), p. 273. 1550 C-CS ¶ 10; see C-CS Annex A, Table B(1)(b); citing CL-280, Hydro S.r.l. and others v. Republic of Albania, counsel and case management. Even so, the Tribunal considers First Claimant’s costs to exceed what is reasonable in this case.
Legal Decisions
21.630566
24.321976
25.078623
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the documents from the Cadastre, in accordance with the applicable regulations.178 In other words, the requested documents are “in the public domain and equally and effectively available to both parties”. 179 Respondent, just like Claimants...
Legal Decisions
8.715206
9.280084
8.907555
Alternatively, the Court should reverse and render a take-nothing judgment because there is no evidence to support the jury’s verdict in the malpractice trial on liability or damages. At a minimum, 58 the finding of gross negligence should be reversed and rendered, and the remainder of the case remanded for trial, eith...
Party Submissions
9.468039
10.430973
10.858213
Significantly, Backes’ s obligations under those two sections are not activated until the borrower defaults on the bridge loan note, whether by failure to pay the note in full upon maturity or by some other event of default, at which point, according to Osprin, they become matured and fixed.
Party Submissions
24.56348
21.676565
32.04291
On the other hand, Rafiei's situation is dictated by the AAA’s Construction Industry Arbitration Rules, which lack similar cost caps. This stark difference in applicable rules directly affects the financial implications for the parties involved, setting Rafiei's case apart from the scenario in In re Olshan.
Party Submissions
19.878445
21.141548
26.314808
The Walkers’ case law on this point is distinguishable. In Livingston v. Montgomery, the Dallas Court of Appeals held that an obstetrician was qualified to offer opinions about the cause of a newborn’s neurological injuries. Livingston v. Montgomery, 279 S.W.3d 868, 874 (Tex. App.—Dallas 2009, no pet.). But that was be...
Party Submissions
6.848273
6.788009
7.509448
Upon consideration of this issue, we have concluded that French v. French should be overruled and the subsequent decisions which rely on that precedent should be disapproved. As we shall explain, the French rule cannot stand because nonvested pension rights are not an expectancy but a contingent interest in property; f...
Party Submissions
8.702558
9.071101
8.663078
The requested documents are further relevant and material to the outcome of the dispute, as they would serve to corroborate Respondent's objections to the admissibility of the Cypriot Claimants' claims, specifically Respondent's objection that Kalemegdan's acquisition of the Obnova shares was an abuse of process.
Legal Decisions
11.060468
13.964952
13.562616
IDENTITY OF PARTIES AND COUNSEL ............................................................ i Nature of the Case : This is an action by Yellowfin Loan Servicing Corp. to enforce a promissory Note. Deysi R. Santos (“Santos”) executed the second lien Note at issue on April 28, 2005. The first lien was foreclosed on Nove...
Party Submissions
5.742276
5.607499
6.125665
Contents of Notice. If a benefits claim is completely or partially denied on review, notice of such denial shall be in writing and shall set forth the reasons for denial in plain language.
Contract
8.195972
12.249744
12.17826
Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by 18 U.S.C. § 1833(b).
Contract
2.550376
3.040094
3.044639
None of these documents were provided by the Respondent to the Claimant. The requested information is not at Claimant’s disposal because it is internal governmental documentation, which Qatar is in a position to access without undue burden.
Legal Decisions
15.314683
17.08176
15.799723
Lastly, a core concern in assessing the enforceability of an arbitration agreement is whether the costs associated with arbitration would preclude a party from effectively vindicating their rights. In In re Olshan, this Court found no legally sufficient evidence that the homeowners would face arbitration fees that woul...
Party Submissions
8.583846
9.163167
10.972971
Additionally, Devine fails to provide the context of his Reed citation. Ironically, the Reed Court delineates that “the State’s interest in preserving the integrity of the electoral process” overrides Appellant’s (in Reed) spurious 10 challenges. Reed, 561 U.S. at 197. The Supreme Court further explains that the State’...
Party Submissions
7.558338
7.151539
8.565219
Compound interest has become overwhelming as the modern trend. Delaware courts have called it the trend, precisely because modern participants in a market economy think in terms of compounding. See ONTI, Inc. v. Integra Bank, 751 A.2d 904, 926 (Del. Ch. 1999) (stating that, “[i]t is simply not credible in today’s finan...
Party Submissions
12.399896
11.367022
12.709004
Disability Benefit. A Participant who is entitled to receive a Disability Benefit shall receive payment of such benefit in a single lump sum.
Contract
4.968453
5.836928
8.917373
The request seeks “[a]ll documents” that any agency, official, or employee of any of the three USMCA Parties “prepared, proposed, or exchanged. .. or that otherwise pertain to positions considered or taken by any of them” in connection with the specified topics.
Legal Decisions
14.794007
20.236681
19.234863
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
Party Submissions
2.774132
3.012515
3.151779
The language in the charge, however, incorporates the passive receipt doctrine acknowledged by numerous courts both before and after Heldenfels, including an opinion authored by Justice Bland while serving on the First Court of Appeals. See Cristobal v. Allen, No. 01-09-00126-CV, 2010 WL 2873502, at *6 (Tex. App.— Hous...
Party Submissions
6.095419
6.525109
6.608241
Nor is it accurate that Dr. Castillo and Baptist failed to challenge foreseeability. ( See Pet. Br. at 38). As the Walkers acknowledge, this appeal is about, among other things, the sufficiency of their experts’ causation opinions. And “proximate cause has two components: (1) foreseeability and (2) cause-in-fact.” Zama...
Party Submissions
8.196876
8.385833
8.502043
Subcontractor shall procure and maintain in force, Aviation Liability insurance covering all aircraft used in connection with the Project. Such insurance shall include coverage for bodily injury and property damage. All such insurance shall contain a breach of warranty endorsement in favor McCarthy.
Party Submissions
9.400261
7.952462
12.178612
Sargeant’s 2013 Contract. See Respondent’s Memorial ¶ 111. Claimant is entitled to such Cargo Manifests and Declarations to evidence that Respondent ignored identical provisions in the contracts of State and Dominican-owned AC-30 suppliers, but is using such a provision to target Sargeant and avoid honoring the 2013 Co...
Legal Decisions
26.055016
26.03838
31.207808
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies wi...
Party Submissions
8.470454
9.081414
9.365897
Subcontractor's Work or submittals shall not relieve Subcontractor from its obligation to perform the Work in accordance with the Contract Documents.
Party Submissions
5.763784
8.487578
11.694551
In this case, Carol Ann Henry sought payment of workers' compensation medical benefits related to a back injury allegedly sustained while working at a Dillard's store. Dillard, which was self-insured, denied Henry's claim because it was not job-related and notified the Texas Workers' Compensation Commission of its deci...
Party Submissions
6.796783
7.370245
7.264406
As a preliminary matter, mandamus may have been unnecessary from either this Court or the court of appeals had Walker elected to file a petition in an appropriate district court. District courts have the authority to entertain challenges to whether a candidate’s application for the ballot complies with the Election Cod...
Party Submissions
6.518537
6.140085
6.72
On February 11, 2021, the Department of Family and Protective Services (“DFPS”) filed suit seeking the protection of child, for conservatorship, and for termination in a suit affecting the parent-child relationship, against Appellant — A.S. CR 16-27. Within its Petition, DFPS pled the following grounds for 1 removal: g...
Party Submissions
5.074185
5.238087
5.553676
Opinion by Justice Pedersen, III Galovelho, LLC appeals the trial court’s September 21, 2021 Order and Final Judgment, which dismissed all of Galovelho’s claims with prejudice after granting appellees’ original and supplemental pleas t o the jurisdiction. In seven issues, Galovelho challenges the trial court’s jurisdic...
Party Submissions
8.197265
9.070206
10.055224
The trial court granted the parties’ divorce on December 9, 2019 but did not rule on characterization and division of the marital estate. Id.
Party Submissions
8.720673
10.676879
9.510406
TMI argues the trial court erred in granting summary judgment to Sonic on the reimbursement claim because section 406.075 bars Cochran's recovery of benefits under the TWCA and, as Cochran's subclaimant, Sonic is likewise barred from recovering under that statute. In response, [*474] Sonic contends that section 406.075...
Party Submissions
7.027273
7.412801
8.492975
This computer-generated document complies with the word-count limitations set forth in TEX. R. APP. P. 9.4(i) because it contains 5214 words, excluding the parts of this document exempted by TEX. R. APP. P. 9.4(i)(1). In making this certification, I have relied on the word-count program contained within Microsoft Word.
Party Submissions
3.834777
5.665005
6.262618
Appellant workers' compensation carrier challenged a judgment of the 157th District Court, Harris County, Texas, in favor of appellee employer on the employer's reimbursement claim that had been denied under the Texas Workers' Compensation Act (TWCA). The employer sought a writ of mandamus ordering the trial court to l...
Party Submissions
6.950654
6.005137
6.796401
Serbia relies on certain agreements submitted as exhibits R-007 to R-010, R-012 to R-017 and RJ-011 to argue that Obnova allegedly did not have the right of use over its premises at Dunavska 17-19 and Dunavska 23.14 According to their respective wording, most of these agreements were supposed to include, at minimum, a ...
Legal Decisions
7.532549
7.866935
7.502658
Relevant and material to whether other AC-30 suppliers were similarly situated to Claimant, had contracts with similar terms to the 2013 Contract, and/or had contracts that suffered from the same alleged “irregularities” as the 2013 Contract.
Legal Decisions
14.277042
13.585109
15.762631
Yellowfin complains that applying this statute of limitations to all lienholders would require it to monitor actions on the property securing its interests and prove the fairness of a foreclosure it did not conduct. Resp. Br. 7, 14. But Yellowfin’s extratextual concerns cannot override Section 51.003’s plain text. In a...
Party Submissions
8.588546
8.232665
8.998863
Respondent has conducted a reasonable search for the category of documents requested, and does not have in its possession, custody or control the documents identified in the request.
Legal Decisions
6.933465
13.208681
9.727286
Id. The Jaguar incentive program, which expected the dealer to deliver vehicles directly to end users to receive incentive payments, was distinct from the dealer agreement.
Party Submissions
32.96945
25.535255
44.739075
So, because Yellowfin ’s predecessor (the original holder of the junior indebtedness) was entitled to seek the full amount remaining on the accelerated junior loan at foreclosure, that is when its cause of action accrued. See Murray v. San Jacinto Agency, Inc., 800 S.W.2d 826, 828 (Tex. 1990). Recall that Section 16.00...
Party Submissions
4.704043
4.917105
4.891709
However, “i nformation ” within the City’s pool safety policy “is not tangible personal property, since it is an abstract concept that lacks corporeal, physical, or palpable qualiti es.” See Tex. Dep’t of Pub. Safety v. Petta, 44 S.W.3d 575, 580 (Tex. 2001) (citing Univ. of Tex. Med. Branch at Galveston v. York, 871 S....
Party Submissions
5.481241
6.365073
6.038575
Rafiei then focuses on Glassford v. BrickKicker, 35 A.3d 1044 (Vt. 2011). Response at 14-15. Glassford is not on point. The home inspection contract involved in that case was held to be unconscionable. The contract had a $285 limitation of liability provision. Id. at 1046. In contrast, the contract referred to, but did...
Party Submissions
6.056764
5.820105
6.197393
PCC : According to Respondent’s best knowledge, the requested court files from 1964 are no longer in Respondent's possession, custody or control due to the passage of time.18 In addition, Claimants have not explained why the requested documents are not already in its possession, custody or control since Obnova was a pa...
Legal Decisions
12.848707
13.680482
15.780134
As each franchised location is dependent upon their manufacturer or distributor (hereinafter referred to as an "OEM," original equipment manufacturer) for their supply of motor vehicles, it is incumbent upon each OEM to adequately apportion and make available a sufficient allocation of product to each franchisee.
Party Submissions
11.630808
11.882395
12.199765
Even if Section 51.003(a) doesn’t apply, Yellowfin’s suit remains untimely under any other statute of limitations. That is because Yellowfin’s cause of action accrued at foreclosure — when the loan was accelerated. No relevant limitations period permits a lender to wait for twelve years to recover a debt remaining afte...
Party Submissions
10.278259
10.007907
11.393099
Cornejo v. Hilgers, 446 S.W.3d 113 (Tex. App.—Houston [1st Dist.] 2014, pet. denied), is like the others. The obstetrician expert there wrote in his expert report that he was “familiar with the probable causes of...hypoxic-ischemic injuries in babies generally and with the probable causes of the injuries to [Cornejo’s ...
Party Submissions
7.023312
6.72619
7.352986
To start, Dr. Tappan noted that Ms. Walker was in second-stage arrested labor by 15:15, when she had been pushing for four hours, H.W.’s head was not descending in the birth canal, and the fetal monitoring strip was non-reassuring, with minimal variability, inadequate accelerations, and recurring decelerations. App. 7,...
Party Submissions
12.761086
13.963502
15.050114
As each dealer competes with many lines and models besides other dealers, the OEM can sell all of its product to its franchisees; however, it must do so in a fair and reasonable manner so that each dealer is adequately supplied and able to meet the demands of their market. Whether an OEM rises to the “fair and reasonab...
Party Submissions
14.308881
12.793194
15.004851
Whether an expert witness is qualified to offer an expert opinion under the relevant statutes and rules lies within the trial court ’ s sound discretion.
Party Submissions
12.089217
15.211013
14.93285
The Respondent understands that this Request has been withdrawn. The Respondent reserves the right to object to any further request for these documents in due course.
Legal Decisions
12.391204
10.437552
13.697888
To reauthorize the Education Sciences Reform Act of 2002, the Educational Technical Assistance Act of 2002, and the National Assessment of Edu-cational Progress Authorization Act, and for other purposes.
Legislation
3.40988
3.175049
3.553121
Invalid or Unenforceable Provisions. If any provision of this Plan shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof and the Committee may elect in its sole discretion to construe such invalid or unenforceable provisions in a manner that conforms to...
Contract
3.262439
2.991254
3.602068
Lessor shall be a third-party beneficiary of any gas purchase contract and/or transportation agreement entered into between Lessee and any purchaser and/or transporter or pipeline company of Lessor's gas, irrespective of any provision of said contracts to the contrary. Further, Lessor shall be entitled to Twenty-Five p...
Party Submissions
5.735617
6.179997
6.635365
While a trial court must instruct the jury on the law, the trial court should neither misstate the law nor comment on the weight of the evidence. Here, the jury instruction incorrectly stated the law on a crucial issue at trial — harmful error as a matter of law. Importantly, HSMiller does not argue “harmless error,” a...
Party Submissions
14.980212
13.771852
15.821487
Respondent has raised the question of whether Claimants seek documents prepared by the Canadian or Mexican governments that were not shared with the U.S.
Legal Decisions
18.948206
23.626316
25.266848
The San Antonio court of appeals has followed the Cockerham rule as well. Bahr v. Kohr, 980 S.W.2d 723 (Tex. App.—San Antonio 1998, no pet.). Bahr involved a creditors rights suit where a creditor sued husband and wife for fraudulent transfer of an asset to avoid a debt. Id. at 725. Wife claimed the property was her se...
Party Submissions
4.554164
5.522667
4.843203
Subcontractor binds itself to McCarthy in performing its obligations hereunder to all terms and conditions of the Contract Documents, including, but not limited to, McCarthy's Contract with the Owner. McCarthy's Contract with the Owner (hereinafter “Owner Contract”), excluding financial data, and all other Contract Doc...
Party Submissions
4.792527
4.260226
4.945793
This section, like the others immediately preceding it, remains unnecessary to the Court’s decision on Weatherford’s Petition, as Midland has demonstrated its immunity from suit. Nonetheless, Midland addresses the statute of limitations issue, as Weatherford raised it in its Petition. Statutes of limitation exist to gi...
Party Submissions
6.505355
7.017108
7.391522
FERGUSON BRASWELL FRASER KUBASTA, PC 2500 Dallas Parkway, Suite 600 Plano, Texas 75093 Telephone: (972) 378-9111 Facsimile: (972) 392-8901 This brief was prepared using Microsoft Word. Relying on the word count function in that software, I certify that this motion contains 1,695 words (exclusive of the caption, stateme...
Party Submissions
5.487544
6.876828
6.78145
Here, Oncor argues that it discovered it was mistaken after it made its section 1.111(e) agreement. But that does not change the fact that there was harmony of opinion as to the value according to the agreement at the time of agreement. Because that final value was a matter on which a protest could have been filed, and...
Party Submissions
17.664728
19.558615
19.831448
First, under section 10, “[a] person who improves the real or personal property of another, acting by mistake, has a claim in restitution as necessary to prevent unjust enrichment.” RESTATEMENT (THIRD) OF RESTITUTION AND UNJUST ENRICHMENT § 10 (2011). This Court, in Wagner & Brown, Ltd. v. Sheppard, cited this provisio...
Party Submissions
6.8977
7.247463
7.477172
The Arbitral Tribunal considers that the documents sought under this request are included in Request 2.a and no decision is therefore made.
Legal Decisions
25.689241
30.791883
37.788612
A party may not argue a theory on appeal that is different from that presented in the trial court. See Wells Fargo Bank, N.A. v. Murphy, 458 S.W.3d 912, 916 (Tex.
Party Submissions
3.950349
4.77253
4.69038
As successor-in-interest, OSPrin stepped into Lender’s shoes and is entitled to enforce Lender’s rights. Notwithstanding the adverse parties’ attempts to confuscate the matter, the critical issue is whether Texas 1 OSPrin anticipates that the Texas Bankers Association will file an amicus curiae brief in support of rehe...
Party Submissions
15.753764
17.35644
18.415989
The only question before the Court of Appeals was “whether [the Walker s’] expert reports provided enough information for the trial court to conclude they constituted a good-faith effort.” See Miller, 536 S.W.3d at 516. If a reasonable gatekeeper is satisfied, so is the Legislature.
Party Submissions
14.293046
13.957618
14.954872
Appendix Page 2 D. Notwithstanding anything herein to the contrary, upon the failure of Lessee to pay Lessor the royalty payments as provided herein, the Lessor may, at Lessor's option, elect to terminate said Lease by serving written notice on Lessee at the address shown herein, of Lessor’s intention to terminate said...
Party Submissions
4.213658
4.19724
4.287937
Arbitration Rule 31 20.1. A pre-hearing organizational meeting shall be held at a date determined by the Tribunal after consultation with the Parties. It shall comprise a videoconference between the Tribunal and the Parties and address any outstanding procedural, administrative, and logistical matters (including modali...
Legal Decisions
8.427768
9.357902
9.410773
Q.. .. is what constitutes the roadway easement called Windemere Road today any different than it was, to your recollection, in 1995?
Party Submissions
31.424406
46.697018
49.00155
Guidance is also needed from this Court on the legal ramifications of the Hospitals improperly encumbering a specific piece of real property (that was not the subject of the sanctions case) belonging not only to Dr. Nath, but also to Usha Nath (who was not a party to the sanctions case), before the Hospitals even had a...
Party Submissions
11.374618
11.192673
11.903916
HSMiller also does not respond to the Lawyers’ legal sufficiency arguments about two other alleged breaches: presenting a “substandard defense,” and inadequate communication by the Lawyers. Compare Resp’t’s Br. at 38-52, with Pet’rs’ Br. at 65-70. These will not be addressed further.
Party Submissions
13.408894
12.290124
17.057291
HSMiller’s additional claims that the Bankruptcy Plan and everything related to it are sacrosanct and that the Lawyers are collaterally attacking the Plan also blinks at reality. The Bankruptcy Plan simply approved an assignment of proceeds from the debtor to its very limited creditors and approved the Debtor’s agreeme...
Party Submissions
16.509682
16.171122
18.38307
The Committee shall have power to designate employees and other persons (other than non-employee directors of the Company) who provide services to the Company as eligible participants in this Plan (“Participants”). If an individual is hired after the Performance Period commences, the individual may become a Participant...
Contract
5.855161
5.473876
6.244022
Note there is no case from this Court that disavows the express holding of Cockerham permitting the admission of parol evidence regarding the intent of the parties to a real property deed under dispute.
Party Submissions
20.178852
27.94724
30.580046
Respondent’s possession, custody, or control because they are part of the documents that were confiscated by the Respondent or they are of the type typically generated in the course of conducting business with the Claimant.
Legal Decisions
11.95053
14.110325
17.334902
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the documents from the Directorate for Construction Land and Urban Development of Belgrade in accordance with the applicable regulations.209 In other words, the requested documents are "in the public domain and equally and effectively avail...
Legal Decisions
12.209973
13.563525
13.676836
H. The provisions of this Article XVII. shall not apply where Lessor has elected to take Lessor's royalty in kind or market separately Lessor’s royalty share of production under the terms of this Lease.
Party Submissions
17.933712
19.454702
21.06457
Based on the above, we hold that Bestor's claim for attorney's fees-- whether grounded in contract or tort-- is based on Service Lloyds' dispute of Bestor's entitlement to workers' compensation benefits and is thus within the Division's exclusive jurisdiction. Furthermore, a Division of Workers' Compensation administra...
Party Submissions
7.266112
6.637267
7.259853
Construing the Election Code in any other manner would run into substantial constitutional problems. Texas’s law prohibiting individuals from signing multiple ballot petitions for the same office and then invalidating the later signature, Tex. Elec. Code §141.066, infringes core First Amendment rights of candidates and...
Party Submissions
12.346062
12.296478
12.649964
This letter contains an opinion of the competent authority on the Report on the Strategic Environmental Impact Assessment of the 2013 DRP. The requested document is relevant and material to assess whether the Ministry of Environmental Protection and Spatial Planning considered Obnova’s rights to its premises at Dunavsk...
Legal Decisions
16.794525
13.59372
16.255219
To direct the Secretary of the Interior and the Secretary of Agriculture to submit to Congress a report on the amount of waste collected on certain Federal land along the southern border of the United States, and for other purposes.
Legislation
6.101615
5.363321
5.633334
Likewise, in the present case, merely conducting pre-trial together does not create privity between the Wilson and Harpst plaintiffs. Fleming Defendants cite some pre-trial motions and responses as alleged proof of Wilson Plaintiffs being in privity with the Harpst plaintiffs, but they fail to prove privity. All the Wi...
Party Submissions
12.284332
11.979133
12.880581
Any and all documents included in the files maintained by the Secretariat for Urban Planning and Construction with respect to its work on the 2015 DRP. RELEVANCE Claimants hereby incorporate the explanation provided at Request 47 above.
Legal Decisions
28.291052
31.59176
37.9029
In any event, “we look to the true nature of the dispute” rather than the plaintiff’ s characterization of the claims. Univ. of Tex. M.D. Anderson Cancer Ctr. v. McKenzie, 578 S.W.3d 506, 513 (Tex. 2019). Here, the true nature of the Delapenas’ claim is that City employees failed to act when, instead of enforcing the C...
Party Submissions
6.522283
7.960406
7.644366
Beoland was the plan commissioner for the 2013 DRP141 and was responsible for, among other things, financing of the 2013 DRP and participating in the plan development. The requested documents are relevant and material to assess the factors Beoland took into consideration when working on the 2013 DRP —including whether ...
Legal Decisions
17.779812
16.197906
15.85466
For column 1: Indicate the name of the geographical area, outbreak number or any information that allows identification of this demarcated area (DA) and the date when it was established.
Legislation
30.178488
28.160543
30.835316
Special exceptions must be decided on the face of the pleadings. Sorokolit v. Rhodes, 889 S.W.2d 239, 240 (Tex. 1994). Alpesh’s declaration was filed in conjunction with his verified plea in abatement and his special exceptions in response to the First Amended Petition. CR160. While this declaration may have been prope...
Party Submissions
7.326025
8.462611
7.972325
After the Texas Supreme Court resolves the aforementioned cases, we ORDER the parties to promptly file a motion to reinstate this appeal.
Party Submissions
13.846282
21.519403
20.819134
Discretion of Appeals Committee. All interpretations, determinations and decisions of the Appeals Committee with respect to any claim shall be made in its sole discretion and shall be final and conclusive.
Contract
5.019516
5.232907
6.021822
Collin Creek Assisted Living, Inc. v. Faber , 671 S.W.3d 879, 886 (Tex. 2023). This case involves the second element.
Party Submissions
8.100645
10.963045
13.319608
The evidence is conclusive that there was a mistake in the deed. At the time of the refinance, Wife was not a titled owner of the property and should not have been listed as a grantor in the deed. (6RR D 754–760). That evidence alone is sufficient to discredit any presumptive effect of the deed. Further, the circumstan...
Party Submissions
7.789531
8.053782
8.414558