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Oncor has failed to point to any express waiver of immunity in the DJA that would permit the instant action. It is settled in Texas that for the Legislature to waive immunity against the state and its political subdivisions, a statute or resolution must contain a clear and unambiguous expression of the Legislature's wa... | Party Submissions | 4.885605 | 4.984387 | 5.358263 |
In cases of self-dealing—when directors or managers engage in conduct that usurps corporate opportunities or diverts corporate assets—their subjective motive is irrelevant. | Party Submissions | 12.795937 | 11.569451 | 14.27025 |
According to ACOG Practice Bulletin No. 106, women with high-risk conditions should be followed in labor with continuous FHR monitoring. Mrs. Walker’s pregnancy and labor had several high risk factors, including prematurity, use of Pitocin, and a Category II-III FHR tracing with minimal variability, absent acceleration... | Party Submissions | 10.475237 | 11.827869 | 11.071977 |
Archives originated from USTR or the State Department) that contain information regarding the U.S. position in the NAFTA renegotiation/USMCA negotiation and do not contain “any reference to positions of other parties or agreed text.” • Claimants request that the Tribunal order Respondent to produce responsive documents... | Legal Decisions | 11.87265 | 12.78868 | 13.174138 |
In the Spring of 2020, when the Covid-19 virus spread throughout the State of Texas, appellant Galovelho was operating EG Steak, a dine-in full-service restaurant in Frisco, Texas. On March 13, 2020, due to the imminent threat posed by Covid-19, appellee Governor Greg Abbott declared a state of disaster pursuant to the... | Party Submissions | 4.731867 | 5.733704 | 4.960335 |
There's another significant requirement that Bay has failed to conclusively establish and it was also an issue in Briggs: there is no evidence that Bay filed any written agreement as required by the statute under subsection (f). The Briggs court observed: “Moreover, there is no evidence the OCIP Manual, or any other wr... | Party Submissions | 6.739456 | 6.243589 | 7.099097 |
West Headnotes (13) [1] Mandamus Acts and proceedings of courts, judges, and judicial officers Mandamus Matters of discretion Mandamus relief is available if the trial court violates a duty imposed by law or clearly abuses its discretion, either in resolving factual issues or in determining legal issues, when there is ... | Party Submissions | 10.363136 | 11.267138 | 12.222853 |
The injured employee obtained a judgment in Alabama. Prior to that judgment, the employer had not pursued an action for reimbursement. The employer received credit in the Alabama judgment for payments it had made to the employee. By its arguments on appeal, the employer conceded that the receipt of the Alabama judgment... | Party Submissions | 5.285808 | 5.591386 | 5.354775 |
Whether attorneys (TREC licensed or nonlicensed) are exempted from REC’s state consumer real estate contract protection allows Attorney usage to violate UPHPA, Bus. & Com. Code 26 – Fraud, 27 – Fraudulent Transfers, Gov. Code Sec 51.903 – Action on Fraudulent Lien on Property, Penal Code 31 – Theft, 32 – ‘Consideration... | Party Submissions | 22.509901 | 18.355015 | 20.90009 |
Separation from Service Benefit is paid, the payment commencement date for the installment form of payment will be the first (1st) anniversary of the payment of the lump sum. | Contract | 11.643551 | 13.923022 | 20.403341 |
Brief of Appellee. On September 13, 2021, Appellant’s Reply Brief was filed. Judgment and Opinion of the court of appeals was issued on June 9, 2022, with Justices Carlyle, Smith and Garcia participating in the decision and Justice Smith authoring the opinion. Husband filed a Motion for Rehearing En Banc, which the cou... | Party Submissions | 4.90762 | 4.740978 | 5.059343 |
Sargeant did not clearly explain how it would have occurred in its Memorial, nor was it argued therein in the terms of the present request. | Legal Decisions | 40.387688 | 58.2207 | 64.93644 |
III. The Parties shall assign exhibit numbers to these documents and upload them to the Box folder by 30 November 2023. | Legal Decisions | 23.710905 | 23.796778 | 35.16769 |
Matt Marsenison’s relationship with Integrity Aviation goes back a long way. Donna Ross testified that what Turbine Engine and Matt Marsenison were to do was to collect money from Victor Farias to turn around and locate airplane engines that were for sale and determine whether or not they were worth the money, then bri... | Party Submissions | 7.049183 | 7.074163 | 7.439772 |
The Bordages owners should not be deemed “non-parties” to the Hooks case for purposes of Restatement 29(7). Collateral estoppel should apply. | Party Submissions | 28.15234 | 30.377674 | 37.64207 |
As to fair comment, Barina contends the privilege does not apply to “a comment ... based on a substantially false statement of fact the defendant asserts or conveys as true.” Resp. Br. at 39 (quoting Neely v. Wilson, 418 S.W.3d 52, 70 (Tex. 2013)). But Barina has failed to identify a single false fact about her in the ... | Party Submissions | 7.48529 | 8.347474 | 7.674886 |
ETMC Athens also points us to a case from our sister court in Dallas, Russell v. Wendy's Int'l, Inc., 219 S.W.3d 629 (Tex. App.—Dallas 2007, pet. dism'd). This case is distinguishable from the facts presented herein. In Russell, the Dallas Court had to determine whether a claim of an employee against a nonsubscribing e... | Party Submissions | 5.295235 | 5.429187 | 5.827951 |
The annual surveys shall be carried out in accordance with Article 2(3) and (4) in the buffer zones to detect the presence of the specified pest, and in the infested zones to monitor its presence there. | Legislation | 13.071856 | 12.374148 | 15.925345 |
As the Walkers acknowledge, the Court of Appeals ruled only on the causation objections and, thus, did not address Dr. Castillo’s objections to the two experts’ lack of qualifications to opine on causation. (Pet. Br. at 39). If this Court chooses to address the qualifications objections, Dr. Castillo offers the followi... | Party Submissions | 8.272399 | 8.76633 | 9.646421 |
The Arbitral Tribunal considers that the documents sought under this request are included in Request 3.a and no decision is therefore made. | Legal Decisions | 26.068045 | 30.948666 | 38.062782 |
First, the vast majority, if not all, of the documents related to the present arbitration would be covered by legal privilege (Articles 9(2)(b) and 9(4) of the IBA Rules). | Legal Decisions | 8.399979 | 9.100479 | 9.771777 |
Affirming the trial court’s order dismissing the case, the Amarillo Court of Appeals offers a roadmap for how to treat Dr. Tappan’s report. Noting that the expert’s obstetric, gynecologic, and surgical qualifications were impeccable, the Court nevertheless concluded his qualifications were insufficient to opine about t... | Party Submissions | 7.884583 | 7.628138 | 8.636035 |
The Walkers greatly embellish the court’s opinion, adding reasoning that simply is not there. The court did not rely on Thompson to apply an “elevated” causation standard. Instead, the court merely cited that case for the same general causation principle this Court has long held applies to expert report cases. A simple... | Party Submissions | 14.287364 | 14.706564 | 15.727484 |
For vectors, it is the effectiveness of the method to capture a positive vector when it is present in the survey area. For soil, it is the effectiveness of selecting a soil sample containing the pest when the pest is present in the survey area. | Legislation | 15.050626 | 13.385333 | 16.19529 |
Also, on January 14, 2021, MVP advised the trial court that the Oklahoma court had denied McCarthy’s motion to dismiss. McCarthy and RLB each filed a response to MVP’s plea in abatement, contending that the forum-selection clause is voidable under section 272.001, they had voided the forum-selection clause, and princip... | Party Submissions | 8.614538 | 9.173281 | 11.114591 |
Furthermore, waiver requires proof of the actual intent to relinquish the right or intentional conduct inconsistent with the right. Ulico Cas. Co. v. Allied Pilots Ass’n., 262 S.W.3d 773, 778 (Tex. 2008). Neither was demonstrated by Petitioner. All of the cases cited by Petitioner to support their claim that silence or... | Party Submissions | 4.996403 | 5.288396 | 5.264844 |
After reviewing the “litany of allegedly deficient conduct” by Dr. Castillo and Baptist, the Court concluded that the experts failed to satisfy the decades-old criteria of explaining how and why any of the alleged breaches caused H.W.’s injury. Walker, 2022 WL 17324338 at *5; see Wright, 79 S.W.3d at 53 (expert report ... | Party Submissions | 11.856218 | 11.790588 | 13.588789 |
I have read, understand and agree to abide by the terms of this Agreement, the Plan and the most recently executed Associate Confidentiality, Non-Solicitation and Non-Competition Agreement that I entered into with the Company (the “Associate Agreement”). By checking the box labeled “I Agree,” or by otherwise electronic... | Contract | 4.596859 | 4.001458 | 5.077756 |
Each Party shall abide by the maritime delimitation line as defined in Article 1 and shall not claim or exercise any sovereign rights or coastal State jurisdiction in maritime areas beyond this line .349 264. The Tribunal concludes that the only part of the Loop Hole which constitutes Norwegian territory for the purpos... | Legal Decisions | 12.283556 | 13.186903 | 11.889351 |
Moreover, the timing, purpose, and effect of a lis pendens are significantly different than an abstract of judgment. A lis pendens is filed during litigation to constructively provide “notice to the world” that a particular property is the subject of litigation. In re Collins, 172 S.W.3d 287, 292-93 (Tex. App.—Fort Wor... | Party Submissions | 3.928494 | 4.032112 | 4.093088 |
The appellate court brushed aside Dr. Monga’s complaint that the expert was unqualified to offer an opinion about ultrasound interpretation and use, holding that the expert demonstrated he was familiar with the continuum of the standard of care for managing pregnancies. The expert was therefore “qualified to render an ... | Party Submissions | 9.492544 | 9.426973 | 10.609455 |
Respondents argue Alpesh did not engage in self-dealing when he used his position as President of CKC Partners to enrich himself at CKC’s expense. Resp. 17-19. These arguments are based on an erroneous definition of self-dealing. | Party Submissions | 9.674428 | 10.793419 | 11.213713 |
Synopsis Background: User of online platform, which allowed users to buy and sell cryptocurrencies and government-issued currencies, brought putative class action against platform operator, alleging that operator failed to replace funds fraudulently taken from users' accounts. The United States District Court for the N... | Party Submissions | 4.692795 | 4.901111 | 5.197686 |
The Trial Court sustained Midland’s objection/motion to strike the hearsay-upon-hearsay portion of the Ramboll Report; the evidence was properly stricken from the record by the Trial Court and should not considered by this Court. (CR 385–86.)2 In contrast, in Midland’s Brief in Support of its Plea to the Jurisdiction, ... | Party Submissions | 8.205871 | 8.323936 | 9.157521 |
These documents were co ntained in hardcopy or electronic files on computers, phones, hard drives and/or USB keys belonging to the Claimant that were seized by the Respondent either during his arrestation or his detention and not returned to the Claimant since then. The requested information is therefore within the pos... | Legal Decisions | 13.390581 | 13.452183 | 14.155488 |
In accordance with this Court’s opinion of this date, the judgment of the trial court is AFFIRMED in part, REVERSED and RENDERED in part, and REVERSED and REMANDED in part. We REVERSE that portion of the trial court’s judgment awarding appellee H A O a one hundred percent separate property interest in the marital resid... | Party Submissions | 3.623368 | 4.464078 | 4.091454 |
If the district court does not have jurisdiction under the Tax Code to determine the validity and scope of the 2019 agreement, the court does under the UDJA. This is what the First Court of Appeals held in MHCB (USA), 249 S.W.3d at 86 (This suit “is, at its core, a suit to determine the meaning of section 1.111(e). A s... | Party Submissions | 8.333644 | 8.822885 | 9.462098 |
There is no dispute that the Texas constitution’s takings provision is different from the United States Constitution’s provision. The Fifth Amendment provides: “nor shall private property be taken for public use, without just compensation,” while the Texas counterpart provides: “[n]o person’ s property shall be taken, ... | Party Submissions | 3.016273 | 3.086695 | 3.207348 |
The TCCA sets the standard of care in premises liability cases, but duties arise from common law. Kirwan, 298 S.W.3d at 622-23. As this Court articulated in Shumake, courts apply several factors and common law principles to determine a premise owner’s duties. See id. (citing Shumake, 199 S.W.3d at 286–87). This Court s... | Party Submissions | 9.588535 | 9.866046 | 10.218265 |
The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicabl... | Legal Decisions | 3.718021 | 4.06807 | 3.604931 |
Documents including communications and e-mails exchanged between Mr Obradović or his advisors and representatives, Mr Rand or his advisors or representatives, the Ahola Family Trust, the directors of Coropi, and/or the directors of Kalemegdan during the time period between 23 March and 12 August 2012, concerning Corop... | Legal Decisions | 12.017107 | 11.859818 | 13.124641 |
Court then explained that this Court has held that whether the injury occurred in the course and scope of employment is an issue that regards compensability, citing Morales v. Liberty Mut. Ins. | Party Submissions | 13.407804 | 17.06698 | 18.73859 |
Petitioner respectfully prays that this Court reverse the judgement of the court of appeals, and remand this case to the trial court for additional proceedings. | Party Submissions | 5.351603 | 5.708413 | 6.89403 |
B. POTENTIAL FOR CONFUSION AND CONFLICTING JUDGMENTS While Tyler's statutory arguments are most persuasive, we also agree with its practical arguments regarding the potential for confusion and conflicting judgments *845 if the underlying suit were tried first. In Luby's, we recognized that a judgment in the negligence ... | Party Submissions | 10.017513 | 10.157742 | 10.793095 |
Bellpas can make no representations about “the 335” and is left to provide another artistic rendering of the Affected Territory to meet its need of the moment. | Party Submissions | 109.06043 | 109.38501 | 130.54855 |
Building on Bustamante’ s holding, Windrum v. Karah confirmed that while some negligent conduct may be “too attenuated” to be the proximate cause of a patient ’ s injury, a negligent act must only be a “substantial factor” in causing the ultimate harm ; it need not be the “immediate cause.” 581 S.W.3d 761, 778 (Tex. 20... | Party Submissions | 6.721464 | 7.169124 | 7.298445 |
McCarthy and Subcontractor waive all rights and claims against each other and against the Owner, all subcontractors and others as required in the Contract Documents for damages to the extent reimbursed by Builder's Risk except such rights as they may have to the proceeds of such insurance and responsibility for the cos... | Party Submissions | 12.356667 | 11.296619 | 13.117127 |
Finally, Monga v. Perez, No. 14-16-00961-CV, 2018 WL 505263 (Tex. App.—Houston [14th Dist.], Jan. 23, 2018, pet. denied) (mem. op.), is distinguishable. There, plaintiff claimed her doctor caused a brachial plexus and brain injuries when he tried to deliver a macrosomic baby vaginally and the baby became stuck in the b... | Party Submissions | 4.735482 | 5.085254 | 4.998759 |
The majority’s lead case dealt with the value of a disinterested director’s compensation: “The mere fact that a director receives compensation for his services as a board member does not demonstrate demand futility. Connolly and Molinari have failed to allege with factual particularity that the compensation received by... | Party Submissions | 9.564787 | 9.29541 | 9.641818 |
Ross v. St. Luke’s Episcopal Hospital , 462 S.W.3d 496, 505 (Tex. 2015). However, when claims based upon professional or administrative claims should be held to trigger the TMLA is not so clear. | Party Submissions | 9.03568 | 10.57835 | 11.563465 |
Here, Husband testied he bought the marital residence five years before marriage and renanced it twice: 2008 and during the marriage in 2016. Although Wife was listed as grantor and grantee on the 2016 deed, Husband testied she was never an owner and he thought it was “strange” she was listed as agrantor. He did not kn... | Party Submissions | 9.683109 | 11.016202 | 10.263001 |
An audio recording of the session was made and deposited in the archives of ICSID. The recording was distributed to the Members of the Tribunal and the Parties. | Legal Decisions | 9.273673 | 7.693136 | 11.04318 |
MVP has not identified—and cannot identify—any language in the Subcontract where RLB clearly, specifically, voluntarily, and knowingly agreed to waive its Section 272.001 rights. Instead, MVP relies on Subcontract paragraphs 1.2, 11.1, and 11.2 for its proposition that MCC paragraph 47.7’s waiver provisions were incorp... | Party Submissions | 7.076333 | 7.355196 | 7.779904 |
The Commission would underline that the EU, as a Contracting Party to UNCLOS, is under an obligation to respect Article 77(2) of UNCLOS. Similarly, upon its ratification by the Union, UNCLOS forms part of the legal order of the Union pursuant to the provisions of Article 216 of the Treaty on the Functioning of the Euro... | Legal Decisions | 5.542819 | 5.640986 | 5.861637 |
Oncor’s argument necessarily implies that § 25.25(c-1) and (d-1) repeal §1.111(e)(2), at least in part, without so much as mentioning the repeal. Courts will not interpret one statute as repealing another absent a clear intent of the Legislature to do so. Hegar v. Health Care Service Corp., 652 S.W.3d 39, 45-46 (Tex. 2... | Party Submissions | 5.060825 | 5.501504 | 5.229188 |
Awardee understands that the Company’s Confidential Information includes not only the individual categories of information identified in this Section, but also the compilation and/or aggregation of the Company’s information, which is and has been compiled/aggregated via significant effort and expense and which has valu... | Contract | 8.969471 | 8.739056 | 9.243515 |
Under the plain language of the City’s Mandatory Safety Policy, High Hopes should have been denied access to the pool. SCR79. | Party Submissions | 36.65801 | 48.162037 | 57.98769 |
If any time during the term of the Loan, any applicable tax law is changed in such a manner that it increases the Lender’s cost of maintaining the Loan, the Borrower agrees to reimburse the Lender for all such additional costs; provided, however, that if the Borrower is prevented or unable for any reason to reimburse t... | Contract | 4.514316 | 4.167851 | 4.877175 |
An order of the Multidistrict Litigation Panel was previously entered staying all trial court proceedings in the cases listed in Appendix A to the Agreed Motion to Transfer to Pretrial Court and Immediate Stay. That stay is hereby continued in force until further order of the MDL Panel, and the stay is modified to exte... | Party Submissions | 8.558678 | 7.604259 | 8.952354 |
There’s a difference between pre -trial and trial. Participation in pre-trial is not participation in trial. There is no evidence that Wilson Plaintiffs participated in, or exercised any control over, the Harpst trial, or had any right to do so, and they had no beneficial interest in the recovery of damages in the Harp... | Party Submissions | 10.081753 | 10.281121 | 11.320716 |
The United States objects to Request No. 2.e for the same reasons stated above with respect to Request No. 2.a. | Legal Decisions | 8.330242 | 13.055233 | 14.585659 |
Participant’s fraud, misappropriation, misconduct or dishonesty in connection with his or her duties; (b) any act or omission which is, or is reasonably likely to be, materially adverse or injurious (financially, reputationally or otherwise) to the Company or any of its affiliates; (c) the Participant’s breach of any m... | Contract | 3.632157 | 3.408575 | 4.213083 |
Inc., 161 S.W.3d 473 (Tex. 2005); Texas Workers' Compensation Com ‘n v Garcia, 893 S.W.2d 504 9 (Tex. 1995) (Open court's challenge to “new law” workers' compensation law explaining the quid pro quo of common law remedies in exchange for certain, but limited benefits). | Party Submissions | 9.412881 | 11.73229 | 11.205772 |
Section III of Rafiei’s brief concerns the standards for finding arbitration agreements unconscionable. Brief at 11-14. Given the mature status of the Texas law on unconscionability, it is odd that this section cites only one Texas decision, Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 268 (Tex. 1992). | Party Submissions | 6.416513 | 7.419056 | 7.381252 |
The requested document is already submitted as exhibit R-067. Respondent confirms that there are no other documents responsive to this request. | Legal Decisions | 14.843608 | 17.58267 | 20.215126 |
Rather, the Delapenas only contend that the City failed to take an additional step to protect swimmers from the natural perils of swimming at its pool. See Mullens v. Binsky, 130 Ohio App.3d 64, 719 N.E.2d 599, 604 (10th Dist. 1998) (concluding that the risk of drowning at a pool “is an open and obvious condition”); cf... | Party Submissions | 6.793251 | 6.981577 | 6.984125 |
This Court has spent considerable energy in recent years emphasizing the role of stare decisis. One example appears in Mitschke v. Borromeo, 645 S.W.3d 251 (Tex. 2022). Justice Young’s concurrence in American National is another. Given the overwhelming trend toward compound interest in the twentieth century, and given ... | Party Submissions | 15.521921 | 13.532468 | 16.90668 |
WEM or MEM Wholesale Electricity Market 1. This Award is rendered in a dispute submitted to the International Centre for Settlement of Investment Disputes ( ICSID or the Centre ) pursuant to the “Agreement Between Argentina and the Kingdom of Spain on the Reciprocal Promotion and Protection of Investments ” dated 3 Oct... | Legal Decisions | 3.937693 | 4.039494 | 3.945096 |
ICSID arbitration claims.539 While the wording of the waivers includes wide-ranging terms such as “ any rights ” and “ any actions and/or claims,” the Tribunal finds that such wording is not sufficiently unequivocal, clear and specific so as to include international investment law claims. For a waiver to operate at a t... | Legal Decisions | 8.567624 | 9.794041 | 8.806723 |
The jurisdictional limits on the justice of the peace courts’ powers in eviction cases serve to prevent other courts from drawing the impermissible inference that abandoning immediate possession in an eviction action equates to abandoning any right of possession or claim of damages in a district court action. (See Pet.... | Party Submissions | 15.386459 | 16.353298 | 15.37103 |
This court further urged the parties to address Morales v. Liberty Mut. Ins. Co., 241 S.W.3d 514,518 (Tex. 2007). Morales was a mandatory venue case. The *2 deceased's surviving spouse filed two suits, one in El Paso County and one in Travis County. The issue in Morales was whether a judicial review that had gone throu... | Party Submissions | 6.388856 | 6.286807 | 6.568831 |
To amend the Internal Revenue Code of 1986 to enhance the paid family and medical leave credit, and for other purposes. | Legislation | 3.453514 | 2.937526 | 3.11377 |
Wife’s Retirement Account Wife argues the trial court abused its discretion by valuing and awarding her aCity of Dallas 401(k) because the uncontroverted evidence established that the account did not exist at the time of divorce, and there was insufcient evidence to support the value ofthe retirement account on the dat... | Party Submissions | 8.344152 | 9.531439 | 9.446746 |
Relator Justice Brian Walker and Real Party in Interest Justice John Devine both filed applications for a place on the 2024 Republican General Primary ballot for the office of Justice, Texas Supreme Court, Place 4, both choosing to pay the required filing fee of $3,750. TEX. ELEC. CODE § 172.024(a)(2); Exhibit B, Exhib... | Party Submissions | 7.133709 | 8.970489 | 8.769683 |
Unlike the doctor in De La Riva, however, Dr. Tappan specifically addressed his qualifications and experience on the relevant issues. App. 7, CR 663. Because “ [Dr. Tappan] is an expert in managing labor and delivery ” he is qualified to opine “ on the causal relationship between labor and delivery and the complication... | Party Submissions | 12.940216 | 14.401649 | 15.535476 |
West Headnotes (25) [1] Workers' Compensation Exclusiveness Texas Workers' Compensation Act vests the Division of Worker's Compensation at the Texas Department of Insurance with exclusive jurisdiction to determine the ultimate question of whether the claimant is entitled to workers' compensation benefits. Tex. Labor Co... | Party Submissions | 5.409254 | 6.709598 | 6.390898 |
In attempting to determine whether the proportionate responsibility statute in Tex. Civ. Prac. & Rem. Code Ann. § 33.001 conflicts with the Texas Workers' Compensation Act (TWCA), when an employee files suit against a nonsubscribing employer, that suit is an action to collect benefits and damages under the workers' com... | Party Submissions | 5.234085 | 5.239829 | 5.335726 |
YOU MAY CHALLENGE THIS ORDER BY FILING A MOTION IN THE COURT OF APPEALS WITHIN 10 DAYS AFTER THE DATE THIS ORDER IS SIGNED. SEE TEXAS RULE OF CIVIL PROCEDURE 145. | Party Submissions | 2.979925 | 3.489919 | 3.357163 |
MVP also ignores that, in the trial court, McCarthy—the only other party to the Subcontract besides RLB—protested MVP’s attempts to enforce the MCC’s forum-selection/choice-of-law and waiver provisions against both McCarthy and RLB. R.0361-392, 689-701. MVP’s only legal explanation for how it can essentially jump over ... | Party Submissions | 10.145391 | 9.849895 | 10.331884 |
Moreover, Respondents continue to conflate jurisdiction with the merits of Oncor’s claims. Oncor in this appeal seeks only the opportunity to litigate the merits of its claim. And Oncor does not assert that jurisdiction exists only because unit appraisals are “complex.” See Respondents’ Brief at 29. Rather, Oncor asser... | Party Submissions | 10.321883 | 10.213302 | 10.535728 |
The majority’s third case concerned a director who was paid more than $500,000 for her service on the Oracle board of directors. She was challenged for being insufficiently independent from the self-dealing director, not for her own self-dealing. The Delaware Chancery Court held that her receipt of more than $500,000, ... | Party Submissions | 6.081622 | 6.271765 | 6.217657 |
In most legal malpractice cases, the jury cannot discern for itself 18 Alexander v. Turtur & Associates, Inc., 146 S.W.3d 113, 119-20 (Tex. 2004). | Party Submissions | 6.860459 | 8.321864 | 8.876521 |
To amend the Federal Credit Union Act to modify requirements relating to the regulation and examination of credit union organizations and service providers, to provide the Director of the Federal Housing Finance Agency with the authority to regulate the provision of services provided to the Government-sponsored enterpr... | Legislation | 4.94352 | 4.627774 | 4.947625 |
Because the evidence clearly and convincingly established that Husband obtained his Bank of America 401(k) before the marriage and that he contributed $62,042.77 to that 401(k) during the marriage, the trial court did not abuse its discretion and this Court should affirm the trial court’s ruling. | Party Submissions | 6.071729 | 6.354008 | 7.363453 |
DÉCIMA SEGUNDA -El incumplimiento de cualquiera de las obligaciones que la Empresa contrae en este Acuerdo, así como de las que a su cargo deriven de los documentos anexos al mismo, dará lugar a la rescisión del Acuerdo. Las faltas y omisiones de la EMPRESA serán sancionadas por las autoridades competentes, con ar... | Party Submissions | 5.301056 | 7.549658 | 6.162572 |
The City filed a plea to the jurisdiction arguing that the Delapenas failed to allege a valid waiver of immunity under the TTCA. The City also submitted jurisdictional evidence, including copies of the City’s written rules and policies concerning the operation of Buttercup Pool and a document the City referred to as th... | Party Submissions | 9.130194 | 9.90162 | 10.28557 |
Wa s it an abuse of discretion for the trial court to deny Appellant’s Motion to Compel Arbitration when: 1) Appellee introduced legally sufficient evidence to create a question of fact as to the conscionability of the delegation and the arbitration agreement, and; 2) the trial court resolved those questions of fact in... | Party Submissions | 6.317588 | 6.876281 | 6.809543 |
To authorize the Secretary of State to provide additional assistance to Ukraine using assets confiscated from the Central Bank of the Russian Federation and other sovereign assets of the Russian Federation, and for other purposes. | Legislation | 6.308695 | 8.139388 | 6.175591 |
Notwithstanding any rules relating to coasting trade which may be enforced in Norway, ships of the High Contracting Parties going to or coming from the territories specified in Article 1 shall have the right to put into Norwegian ports on their outward or homeward voyage for the purpose of taking on board or disembarki... | Legal Decisions | 6.291745 | 6.645221 | 6.540481 |
The United States objects to Request No. 3.j for the same reasons stated above with respect to Request No. 3.a. | Legal Decisions | 9.173362 | 14.129761 | 16.077465 |
Ins. Co. v. Crump, 330 S.W.3d 211, 230 (Tex. 2010). The last case in this Court’s trilogy was decided in 2010. Deciding the issue now under the newer TCPA statute and Rule 91a would not only reaffirm this framework, but also contribute to the robust dialogue about the fundamental jury right that has rightfully been enc... | Party Submissions | 7.674196 | 7.627842 | 7.904408 |
The Walkers filed their Original Petition in December 2020, claiming that Dr. Castillo and Baptist deviated from accepted standards of care in managing H.W.’s delivery. (CR.7-21). As to Baptist, the Walkers further claimed that nurses caring for Mrs. Walker departed from accepted standards of nursing practice. (CR.11-1... | Party Submissions | 11.323956 | 10.317442 | 12.274211 |
In Hall, the defendant published a series of articles about misconduct by compounding pharmacies, which specifically discussed the plaintiff compounding pharmacy and mentioned it was “under investigation.” 579 S.W.3d at 380-81. As in Tatum, the plaintiff argued that the articles’ gist, about fraud at compounding pharma... | Party Submissions | 6.165779 | 6.071816 | 6.490126 |
If you are a director, officer or principal shareholder, Section 16(b) of the Securities Exchange Act of 1934 (the “1934 Act”) further restricts your ability to sell or otherwise dispose of Shares acquired upon settlement of the Units. | Contract | 4.232152 | 4.879604 | 4.953908 |
It was not. The Court of Appeals instead concluded both that: (1) “[b]ecause Weatherford failed to raise at least a genuine issue of material fact to overcome the City’s jurisdictional challenge, we agree with the City that neither its actions nor the allegations in Weatherford’s pleadings subject the City to the. .. S... | Party Submissions | 4.966738 | 5.150587 | 5.431674 |
SuppCR8-9 (emphasis added). In September 2007, the trial court severed the cases as Samson requested, separating the Hooks into their own case and the other Tract 4/14 owners into this Bordages case. SuppCR40-42; 1CR208-210. But 2023 Samson disagrees with 2007 Samson, insisting this case can contradict the companion Ho... | Party Submissions | 25.209532 | 28.611156 | 32.183125 |
Under the TTCA, “if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private pro perty, unless the claimant pays for the use of the premises.” TEX. CIV. PRAC. & REM. CODE ANN. § 101.022(a). But when a premises defect claim involve... | Party Submissions | 3.685006 | 3.937819 | 3.887713 |
Archives originated from USTR or the State Department) that contain information regarding the U.S. position in the NAFTA renegotiation/USMCA negotiation and do not contain “any reference to positions of other parties or agreed text.” • Claimants request that the Tribunal order Respondent to produce responsive documents... | Legal Decisions | 5.429821 | 5.748617 | 5.86153 |
The definition of “self-dealing” is not so narrow. Self-dealing is defined as “an occurrence in which the fiduciary uses the advantage of his position to gain a benefit at the expense of those to whom he owes a fiduciary duty.” Mims-Brown v. Brown, 428 S.W.3d 366, 374 (Tex. App.—Dallas 2014, no pet.); Parsons v. Tricht... | Party Submissions | 3.505091 | 3.858378 | 3.542799 |
In Abshire, for example, the court of appeals found the preliminary expert report deficient because “in the face of several possible conclusions regarding when in the chain of events” Abshire’s back injury occurred, the expert had apparently failed to explain how his conclusions were “medically preferable to competing ... | Party Submissions | 6.169819 | 6.223948 | 6.672222 |
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