text stringlengths 89 3.77k ⌀ | category stringclasses 4
values | saul-7b_perplexity float64 1.76 124 ⌀ | llama2-7b_perplexity float64 1.8 127 ⌀ | mistral-7b_perplexity float64 1.76 157 ⌀ |
|---|---|---|---|---|
The Response argues that Delaware has adopted a narrow definition of self-dealing that protects Alpesh from liability. Resp. 10-19. It posits that the highest priority of Delaware law is to protect the “power and autonomy” of Alpesh to control CKC Partners, unimpeded by a derivative lawsuit filed by Mr. Condon. Resp. 1... | Party Submissions | 12.295578 | 13.225101 | 12.501482 |
Capítulo 12 del Tratado y (ii) las pérdidas o daños sufridos, en tanto que el segundo corresponde a la fecha en la que el inversionista somete su reclamación a arbitraje y, como consecuencia de ello, finaliza el cómputo del término de prescripción. De conformidad con el Artículo 12.30 del Tratado, esta correspo... | Legal Decisions | 5.898611 | 8.40541 | 7.291585 |
The United States objects to Request No. 1.g for the same reasons stated above with respect to Request No. 1.a. | Legal Decisions | 8.811079 | 13.460091 | 14.848947 |
On March 4, 2020, the court presiding over the tort suit [*19] issued an order abating that case until, inter alia, the resolution of any matters properly before DWC. At the time that order issued, the statute of limitations had not yet run on the Martinez Family's potential claim. After that statute of limitations had... | Party Submissions | 7.029891 | 7.487228 | 8.093491 |
If the Court concludes that the delegation provision is not unconscionable, it can proceed no further. It should vacate the order of the trial court and remand this case with instructions to refer the dispute into arbitration so that the issue of whether the arbitration agreement as a whole is unconscionable can be dec... | Party Submissions | 6.949979 | 7.93683 | 8.10771 |
Even if Barina’s interpretation of the gist were correct (it is not), and the Program accused her of exploiting Thrash’s estate, Barina has not shown that claim to be materially false. To the contrary, Petitioners’ substantial and irrefutable evidence, set forth above, supports the allegation that Barina legally exploi... | Party Submissions | 12.396952 | 14.670716 | 14.745838 |
See supra Part I.A. The ruling is so flatly wrong that Respondents’ only merits-based defense is a policy argument that itself conflicts with the statute. Respondents try to muddy the issue presented, but to no avail. And their suggestion that the same outcome might happen under the proper legal standard is wrong but a... | Party Submissions | 14.421264 | 14.739919 | 14.511287 |
The issue is not just that the medical bills and liens are excessive. The additional issue is that the Respondents attempted to and did actually collect on the excessive amounts. The court of appeals should have taken as true the below evidence when ruling on the summary judgment on Petitioners’ Chapter 12 claim: The... | Party Submissions | 9.346231 | 8.563638 | 9.719483 |
Respondents repeat their mantra that an agreement to the “value” of unidentified “transmission lines” necessarily constitutes an agreement to the objective characteristics of the lines, including their length and voltage capacity in Wilbarger County. See Respondents’ Brief at 11-15. This argument is a red herring. The ... | Party Submissions | 8.789935 | 9.963964 | 9.645626 |
Therefore, without the express consent of the relevant coastal States (namely Norway and the Russian Federation in the present instance), these fisheries are illegal as they would be in contravention of Article 77(2) of UNCLOS. | Legal Decisions | 10.457943 | 11.216683 | 13.169766 |
Citing Bowie Mem’l Hosp. v. Wright, the Seventh Court nonetheless faulted Dr. Tappan for offering only that there was a “mere possibility” of a link between the providers ’ conduct and the eventual harm. Walker, 2022 WL 17324338, at *4 (citing Wright, 79 S.W.3d at 52). | Party Submissions | 10.055576 | 13.195913 | 14.877593 |
The answer to this question is yes, there is a distinct claim in respect of the alleged damage to Sea & Coast or rather to Mr Pildegovics’ investment in Sea & Coast. That claim exists because Mr Pildegovics’ shares in Sea & Coast, which are part of the investment, have lost value due to Norway’s breaches of the BIT. | Legal Decisions | 17.403372 | 15.05368 | 16.16883 |
Allowing the Court of Appeals’ ruling in this case to stand would endanger all manner of documentary storytelling and other types of investigative reporting. | Party Submissions | 17.371658 | 12.663219 | 17.028181 |
Arbitration Rule 33 4.1. The participation of all the members of the Tribunal by any appropriate means of communications is required at the first session, case management conferences, hearings and deliberations, except as otherwise provided in the Arbitration Rules or unless the Parties agree otherwise. | Legal Decisions | 8.991719 | 9.42044 | 9.38015 |
The Texas Supreme Court reversed the court of appeals and resolved the case on the ground that the MSA partitioned to the husband future income and earnings, which included the bonus. 526 S.W.3d at 45 1. The supreme court stated that whether the bonus qualied as community preperty did not affect its determination. | Party Submissions | 16.42045 | 17.746496 | 18.205286 |
This document sets forth the terms and conditions of the MSC Executive Severance Plan (the “Plan”), which is hereby adopted by MSC Industrial Direct Co., Inc. (“MSC”) for the benefit of the eligible employees of MSC and its subsidiaries to this document. MSC and all such designated subsidiaries hereinafter are referred... | Contract | 4.482727 | 4.049123 | 4.622688 |
HN2 [ ] Whether the trial court has subject-matter jurisdiction is a question of law that we review de novo. Texas Natural Resources Comm'n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002). The plaintiff has the burden of alleging facts that affirmatively establish the trial court's subject-matter jurisdiction. Texas Ass'n B... | Party Submissions | 3.039448 | 3.651512 | 4.188739 |
Notwithstanding the well-settled jurisprudence indicating that DWC has exclusive jurisdiction to resolve any dispute over eligibility, including questions of employment status, in the context of a pending claim, the Martinez Family asks this Court to hold that DWC has no jurisdiction to resolve the question of employme... | Party Submissions | 8.317866 | 9.222805 | 9.651085 |
Lastly, in Shattenkirk this Court found guidance in In re Olshan Found. Repair Co., LLC, 328 S.W.3d 883, 889 (Tex. 2010). In In re Olshan the homeowners who sued Olshan for improper foundation repairs had signed contracts requiring arbitration of disputes to be administered by the AAA and in accordance with the AAA's c... | Party Submissions | 5.693697 | 6.229386 | 6.407931 |
Respondents’ argument about the name change is therefore restricted to only two isolated portions of the jury’s a ward. The first is the $23,331.37 the jury awarded to Westwood in “relocation expenses.” (2CR2906) These damages compensated Westwood for Respondents’ destruction of its security surveillance system (8RR116... | Party Submissions | 8.649182 | 7.929054 | 9.111493 |
In this case, Sonic's evidence shows it is suffering financial burdens due to the Alabama judgment, the cost of which cannot be remedied by appeal. Also, as Sonic argues, its ability to prosecute the contract claims is hindered by continued abatement, because witnesses will disappear and memories will become impaired. ... | Party Submissions | 7.631748 | 9.174042 | 8.744376 |
Grant did not appear at the January 20 hearing. The trial court found that Grant did not offer evidence of her inability to afford costs. It further found that Grant’s most recent statement of inability to afford costs, which was filed in January of 2023, reflected that (1) Grant has $5,053.95 in monthly income; (2) Gr... | Party Submissions | 6.706182 | 6.910089 | 7.165903 |
In case the documents responsive to this request include communications with the advisors of Claimants in relation to Mr Broshko's decision to acquire shares in Obnova, such communications are relevant and material to the outcome of the case, as explained by Respondent above. | Legal Decisions | 23.85564 | 23.385504 | 33.296402 |
Arbitration Rule 21 2.1. The Tribunal was constituted on 8 September 2023, in accordance with the ICSID Convention and the ICSID Arbitration Rules. The Parties confirmed that the Tribunal was properly constituted and that no Party has any objection to the appointment of any Member of the Tribunal. | Legal Decisions | 4.643333 | 5.46256 | 5.155256 |
Id., at 537. But this Court offered no further explanation or test to make this determination in future cases. Administrative or professional services seem more likely to involve services unrelated to the actual administration of medical care or treatment. So it would seem doubtful that every administrative or professi... | Party Submissions | 16.442513 | 18.917124 | 19.792559 |
Compounding has continued to spread across the country. See, e.g., Moose Agric. LLC v. Layn USA, Inc ., 639 F. Supp. 3d 1150, 1157 (D. Colo. 2022) (“Because the parties here are sophisticated corporations engaged in an industrial-scale contract, and because plaintiffs have produced substantial evidence demonstrating th... | Party Submissions | 8.694283 | 7.871425 | 8.323161 |
Mr. Luis Gulano, General Manager of such company, requesting the Dominican President an appointment for Mr. Michael Lee-Chin and Mr. Asilis where “[t]he topics to be addressed are foreign investment and the [D]uquesa Landfill.” [Prof. Kohen’s Translation] As stated above, Mr. Lee-Chin was then introduced as “Minister o... | Legal Decisions | 11.994579 | 11.980627 | 12.450334 |
Finally, Respondents’ effort to minimize the adverse consequences for tenants flowing from the court of appeals’ ruling—which the court itself entirely ignored— is likewise unavailing. If the law is as Respondents say it is, and any effort by a tenant to comply with an eviction order by departing the premises conclusiv... | Party Submissions | 10.66622 | 10.505423 | 11.356714 |
Generally, “[a]n indemnity provision does not apply to claims between the parties to the agreement; instead, it obligates the indemnitor to protect the indemnitee against claims brought by a person not a party to the agreement. ” Coastal Transp. Co. v. Crown Cent. Petroleum Corp., 20 S.W.3d 119, 130 (Tex. App. — Housto... | Party Submissions | 3.160627 | 3.249354 | 3.208015 |
Read in context, Dr. Tappan ’ s opinions were more like the report in Miller v. JSC Lake Highlands Operations stating that “the failure to timely remove the foreign body “can” lead to aspiration, which “can” be deadly. Miller, LP, 536 S.W.3d at 515 (“Read in context, Dr. Naeger opined that aspiration can be deadly and ... | Party Submissions | 20.504154 | 20.839058 | 25.052544 |
Because the Court of Appeals employed an erroneous standard of review, leading to an erroneous review of the evidence, the Petitioners, who were cheated out of millions of dollars, were denied redress against Matt Marsenison, against whom there is clearly more than a scintilla of evidence that he did business in Texas,... | Party Submissions | 14.645884 | 15.475264 | 16.159616 |
Or as then-Justice Hecht said in Prudential, “[p] ublic policy that permits parties to waive trial altogether surely does not forbid waiver of [the right to a] trial” in Texas. | Party Submissions | 20.651243 | 24.398884 | 25.658918 |
In addition — and perhaps more relevant here —“p arties can agree to opt out of the civil justice system altogether and submit future disputes to arbitration.” Id . | Party Submissions | 28.955303 | 41.145054 | 37.81951 |
In no way can the order approving the Plan or any other ruling from the Bankruptcy Court be viewed as that court’s approval of subsequent litigation decisions — made outside of bankruptcy after the Plan was approved — to collude and switch legal positions taken in the original trial. In fact, based on that Court’s own ... | Party Submissions | 19.022337 | 18.560112 | 22.79101 |
Name, permanent mailing addresses, and work and home telephone numbers of each person accompanying the child or information about the group trip and its sponsor: Please sign and return to me the attached Consent for Child to Travel Outside the United States together with the child's original passports within ten days a... | Party Submissions | 18.411003 | 17.098919 | 19.315594 |
Furthermore, the court should look at the relationship between the witnesses and the matters upon which they testify. If uncontroverted evidence is from an interested witness, it does nothing more than raise a fact issue unless it is clear, positive and direct, otherwise credible and free from contradictions and incons... | Party Submissions | 11.561601 | 14.62204 | 14.728818 |
The court of appeals’ opinion is at odds with this Court’s jurisprudence on premises liability as articulated in Del Lago. The opinion is also in conflict with administrative rules from the Health and Human Services Department, which mandate that owners and operators of public pools provide lifeguards and meet minimum ... | Party Submissions | 7.968936 | 8.306317 | 8.776556 |
In addition, Misti Ducharme testified that she had an additional meeting with Marsenison in Florida in 2018 regarding forming a new company, and she knew, at that time, Marsenison was no longer involved with Turbine. (RR Vol. 1, p. 6) This is direct evidence of Marsenison, individually, in no relation to Turbine, conte... | Party Submissions | 17.495554 | 19.936073 | 21.323153 |
None of these documents were provided by the Respondent to the Claimant at the time of his arrest or thereafter. The requested information is internal governmental documentation, which Qatar is in a position to access without undue burden. | Legal Decisions | 14.367309 | 17.40334 | 14.598733 |
Based on the foregoing, we hold the trial court did not err in dismissing Berrelez's claims based on her failure to exhaust her administrative remedies under the Act. Berrelez's failure to exhaust her administrative remedies deprived the trial court of subject matter jurisdiction, mandating dismissal of Berrelez's clai... | Party Submissions | 3.834733 | 4.624466 | 4.821259 |
Perhaps more importantly, however, Respondents’ effort to explain away the court of appeals’ opinion as merely enforcing some “voluntary agreement” between Westwood and Virtuolotry is irreconcilable with the opinion itself. In that opinion, the court of appeals never even looked for such an agreement because it would h... | Party Submissions | 12.25825 | 12.904956 | 12.655799 |
This is a suit for damages. The trial judge who signed the Order in this case is The Honorable Judge Norma Gonzales, sitting in the 73rd Judicial District Court of Bexar County, Texas. The Order in question denied a Special Appearance on behalf Mark Marsenison. The parties to this appeal are Petitioners, Charles & Donn... | Party Submissions | 8.188069 | 8.359839 | 8.60623 |
In August 2018, RLB commenced its dredging work. R.403 ¶62. But RLB failed to achieve the average daily production rates set in the Subcontract. R.398 ¶28. | Party Submissions | 12.035483 | 16.624846 | 18.554462 |
Id. at *1. And the consequence for violating that personal-delivery standard was not franchise termination; instead, the distributor would charge back the payments it had made to the dealer under the program. | Party Submissions | 23.310266 | 27.482946 | 29.546804 |
Unlike the expert in Wright, Dr. Tappan did not conclude that adhering to the standard of care would have resulted in only the possibility of a better outcome. Compare Wright, 79 S.W.3d at 52–53 (noting that expert opined that “if the x -rays would have been correctly read and the appropriate medical personnel acted up... | Party Submissions | 7.189766 | 8.202454 | 7.962814 |
Finally, the Diocese has a remedy if it pays Bay, Ltd.’s damages: it has a contractual right of indemnity against Mendietta. In the ranch lease, the Diocese and Mendietta agreed: (10RRDX1). While the Diocese nonsuited its claims against Mendietta, it did so without prejudice to refiling those claims, (1CR402–04), and t... | Party Submissions | 16.575823 | 17.415491 | 21.220636 |
Microsoft Word 365 reports it to contain 3623 words, excluding the parts of the brief exempted by Tex. R. App. P. 9.4(i)(1). | Party Submissions | 9.034343 | 16.982807 | 21.33491 |
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. | Party Submissions | 4.884803 | 4.655909 | 5.088189 |
Payment Bond (collectively “Bonds”) shall be furnished in the full amount of this Agreement on the forms in Exhibit 4, attached hereto. The Bonds are to be executed by a surety company or companies authorized to execute such Bonds in the State of the location of the Project, which are on the Department of Treasury’s Li... | Party Submissions | 5.867795 | 5.053901 | 5.460226 |
null | Legal Decisions | null | null | null |
To establish in U.S. Citizenship and Immigration Services of the Department of Homeland Security an EB–5 Regional Center Program Advisory Com-mittee. | Legislation | 7.499344 | 7.416022 | 9.446797 |
After Dr. Castillo and Baptist answered (CR.22-44), the Walkers served initial expert reports from James Tappan, M.D. (CR.57-65) and Donald Null, M.D. (CR.453-54) in an effort to support their claims against Dr. Castillo.1 Dr. Castillo objected to the reports and moved to dismiss. (CR.45-56).2 She objected: (i) neither... | Party Submissions | 6.883466 | 7.60753 | 7.427364 |
This First Amendment to the Employment Agreement (this “Amendment”), between United Rentals, Inc. (the “Company”) and Matthew J. Flannery (“Executive”), is made effective as of November 9, 2023. | Contract | 4.433069 | 3.482464 | 4.231847 |
ANYTHING HEREIN TO THE CONTRARY NOTWITHSTANDING, and in lieu of the terms and provisions contained in Sections 91.401 through 91.406 of the Texas Natural Resources Code, the parties hereto specifically agree that the following provisions shall apply to this Lease and all royalty payments made hereunder or any other rig... | Party Submissions | 5.749214 | 5.516983 | 5.877889 |
In contrast, Rafiei's case is not built on speculative assertions or hypothetical scenarios. The sales contract he entered into clearly defines the costs associated with the arbitration process under the AAA’s Construction Industry Arbitration Rules. The detailed fee structure, combined with additional expenses such as... | Party Submissions | 13.117801 | 14.440115 | 14.415653 |
With respect to the potential costs of a complete arbitration on the merits, Rafiei ignores the Texas jurisprudence on unconscionability. This can be seen on the very first page of his brief when he suggests that he is “ at risk of bearing exorbitant fees without any ceiling or limit.” Respondent’s Amended Brief, p. 5 ... | Party Submissions | 9.352122 | 9.210826 | 10.309733 |
No Employment Contract. Nothing contained herein shall be construed to constitute a contract of employment between an Employee and a Participating Employer. | Contract | 5.712207 | 7.085813 | 9.68504 |
Contrary to the Walkers’ assertion, nothing in the Amarillo Court’s opinion reflects that the “real reason” it reversed the trial court’s decision was because it did not “believe” the experts’ opinions. (Pet. Br. at 35). To the contrary, the Court accepted all the statements made by the experts but ultimately recognize... | Party Submissions | 12.752666 | 13.675023 | 14.399115 |
HN7 [ ] The determination of whether any type of claim is within the exclusive jurisdiction of the Commission depends on whether the claim is based on a claimant's entitlement to benefits. See In re Texas Mut. Ins. Co., 157 S.W.3d 75, 81 (Tex. App.-- Austin 2004, no pet.) (citing Fodge, 63 S.W.3d at 805 ). The issue is... | Party Submissions | 4.929937 | 5.267163 | 5.385667 |
Liberty completely fails to address the prohibitions in the Contract for exceeding the TAV, and simply contends that Ames is responsible for the amount “due and owed” that Ames agreed to pay in the Contract. Just because a damages provision is stated in a contract does not make it automatically “due and owed” and enfor... | Party Submissions | 13.109425 | 13.646404 | 14.07795 |
Christus Health Gulf Coast v. Carswell , 505 S.W.3d 528, 534 (Tex. 2016). The professional or administrative services also must be directly related to healthcare. | Party Submissions | 10.732622 | 9.665577 | 16.960901 |
If this Court agrees that RLB voided any potentially applicable forum-selection/choice-of-law, venue, or waiver provisions in the MCC and Subcontract when it filed this suit in a Texas court, the Court need not reach any other issue raised in the parties’ briefing. Agreeing with RLB on this statutory construction issue... | Party Submissions | 7.657952 | 6.935221 | 8.079427 |
Authority in February 2014. On 5 February 2014, Mr Sofus Olsen of the Authority responded to an inquiry from Mr Ankipov which Mr Olsen summarised as “ whether EU-registered boats are free to deliver crab to approved crab receptions in accordance with our regulations ” and answered “ EU-registered fishing boats can deli... | Legal Decisions | 16.352802 | 14.691946 | 17.737844 |
Norway expects everyone to follow applicable regulations in Norwegian maritime areas, and we want to leave no doubt that such regulations will be enforced consistently as conveyed in the above mentioned note to the EU, and in accordance with international law. | Legal Decisions | 24.134708 | 19.018532 | 25.465946 |
In the event that, in its discretion, the Company purchases an insurance policy or policies insuring the life of a Participant or any other property, to allow the Company to recover or meet the cost of providing benefits, in whole or in part, hereunder, no Participant or Beneficiary shall have any rights whatsoever the... | Contract | 5.56857 | 5.594204 | 6.338109 |
To redesignate the Richard H. Poff Federal Building located at 210 Franklin Road Southwest in Roanoke, Virginia, as the ‘‘Reuben E. Lawson Fed-eral Building’’, and for other purposes. | Legislation | 10.281235 | 7.88706 | 9.424397 |
Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . | Legislation | 2.766044 | 3.244868 | 3.945695 |
Except in the case of an Employee on a bona fide leave of absence as provided below, an Employee is deemed to have incurred a Separation from Service if the Employer and the Employee reasonably anticipated that the level of services to be performed by the Employee after a date certain would be reduced to twenty percent... | Contract | 2.968937 | 3.385877 | 3.26267 |
On January 20, 2021, Santos filed a Motion for New Trial. CR1:178-187. That same day, Santos also filed a second Plea to the Jurisdiction. CR1:188-213. On March 18, 2021, the Court denied Santos’ Motion for New Trial. CR1:249. That same day, the Court denied Santos’ second Plea to the Jurisdiction. CR1:250. On March 19... | Party Submissions | 3.06723 | 3.353981 | 3.437086 |
This requirement helps ensure that potentially viable claims are not improperly dismissed when a report is deficient but curable. See Scoresby, 346 S.W.3d at 556 (explaining that the TMLA allows a claimant a thirty-day period to cure deficiencies before the trial court finally determines that the report is inadequate a... | Party Submissions | 8.240006 | 8.96574 | 10.880461 |
Title The union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself. | Party Submissions | 18.465446 | 19.408531 | 18.7928 |
Claimants agree to conduct a reasonable search for and produce documents responsive to this request that are in the Claimants’ possession and/or control, with the exception of any documents created in preparation for and/or in connection with the conduct of the present arbitration. Claimants object to production of suc... | Legal Decisions | 6.202608 | 6.709038 | 6.506791 |
Thompson itself reiterated the law requiring substantial factor and but-for causation. The intermediate court in that case had only applied substantial factor causation (and not but-for causation) on the theory that the negligent acts of multiple defendants had concurrently caused the injury. Pediatrics Cool Care v. Th... | Party Submissions | 6.918113 | 7.737842 | 7.813419 |
For these reasons, Petitioners ask the Court to request full briefing, grant this petition for review, reverse the court of appeals, and reinstate the trial court’s judgment denying the City’s plea to the jurisdiction, allowing them to replead as necessary. Alternatively, Petitioners ask the Court to reverse and remand... | Party Submissions | 5.566392 | 5.995114 | 6.529 |
Fax. (940) 553-2305 ATTORNEY FOR RESPONDENT WILBARGER COUNTY APPRAISAL REVIEW BOARD As required by TEX. R. APP. P. 9.4(i)(3), I certify that, according to the word count of the computer program used to prepare this brief, the brief contains 10,688 words. | Party Submissions | 5.638892 | 6.535393 | 7.279499 |
First, a “covenant not to execute” is a “covenant in which a party who has won a judgment agrees not to enforce it.” BLACK’S LAW DICTIONARY at 458 (11th ed. 2019). The forbearance agreement contains a specific covenant not to execute on the judgment unless Mendietta defaults under the agreement: “Bay, Ltd. shall not ta... | Party Submissions | 6.258959 | 6.272266 | 6.4508 |
Galovelho does not attempt to fit its claim within the Steele understanding of a compensable claim for damage of property short of an actual taking. Instead, relying largely on two recent concurring opinions by supreme court justices, he simply equates the damages he alleges from temporary restrictions to an actual tak... | Party Submissions | 7.841754 | 8.534709 | 7.999489 |
Recognizing February 4, 2024, as ‘‘World Cancer Day’’, and its theme ‘‘Close the Care Gap’’, to raise awareness about and launch efforts to eliminate racial and ethnic inequities and disparities in cancer care both in the United States and globally. | Legislation | 7.385587 | 5.054706 | 7.796262 |
Separation from Service Account. Separation from Service Account means an Account established pursuant to a Participant’s Compensation Deferral Agreement that becomes effective and irrevocable on or after the Second Restatement Date and shall be payable as part of a Participant’s Separation from Service Benefit under S... | Contract | 5.3668 | 4.750742 | 6.026758 |
Oncor claims that forcing refund of taxes for prior years poses no hardship for the taxing units since it only paid the sums not in dispute. The argument fails to comprehend how property taxes work. By July 25 of each year, appraisal districts are charged with certifying values to taxing units. TEX. TAX CODE § 26.01. A... | Party Submissions | 8.967955 | 9.16436 | 8.920112 |
An Employee is a key employee if he or she meets the requirements of Code Section 416(i)(1)(A)(i), (ii), or (iii) (applied in accordance with applicable regulations thereunder and without regard to Code Section 416(i)(5)) at any time during the twelve (12) month period ending on the Specified Employee Identification Da... | Contract | 3.70402 | 3.888484 | 4.579448 |
Jurisdictional basis for this Petition is found in V.T.C.A., §22.001(a), because this appeal presents a question of law that is important to the jurisprudence of the state concerning jurisdiction over non-residents to answer for torts committed in Texas. | Party Submissions | 7.577463 | 9.178124 | 9.225088 |
Nor can Respondents reframe the court of appeals’ decision as the mere enforcement of a “voluntary agreement” by which Westwood abandoned its ultimate right to possess the premises or gave up its claims in district court (Resp. 21-22, 33)—because Westwood did no such thing. Respondents place great weight on the fact th... | Party Submissions | 10.263586 | 10.375755 | 10.491441 |
Payment Schedule. Payment Schedule means the date as of which payment of an Account under the Plan will commence and the form in which payment of such Account will be made. | Contract | 14.43383 | 12.30903 | 20.35854 |
McCarthy, the Owner and others as required by the Contract Documents shall be added as additional insureds for on-going and Completed Operations under Subcontractor's Commercial General Liability Policy. Coverage afforded to these additional insureds will be primary to and non-contributory with, any other insurance ava... | Party Submissions | 5.396879 | 4.80444 | 5.640471 |
To express the sense of the Senate regarding the constitu- tional right of State Governors to repel the dangerous ongoing invasion across the United States southern border. | Legislation | 23.375212 | 19.989065 | 29.18889 |
The Response does not make a serious attempt to defend the majority’s “subjectivity” analysis. Resp. 15-16. Instead, it falls back on its mistaken arguments that this case does not involve self-dealing. Resp. 16-18. Those arguments are unavailing. Supra 5-8. | Party Submissions | 10.714651 | 11.722144 | 11.692843 |
Convention Article 43(a); Arbitration Rule 38 18.1. Any person may present evidence as a witness, including a Party or a Party’s officer, employee, or other representative. | Legal Decisions | 14.951795 | 15.951349 | 18.053286 |
However, the Court notes that this presumption can be rebutted with evidence establishing a lack of intent to make a gift. Id. In other words, the Court permitted the admission of parol evidence to rebut the specific terms of the deed transferring title to the property. The evidence showed that the husband relied on hi... | Party Submissions | 7.552241 | 7.928222 | 8.126716 |
Finally, in the alternative, the Delapenas ask for an opportunity to amend their pleadings to allege a premises defect claim based on evidence “ that the City has [since] placed a lifeguard chair directly over where Catiana drowned.” We address each theory of liability and whether it fits within the TTCA’s waiver of im... | Party Submissions | 19.385036 | 23.708954 | 25.706182 |
Although the TWCA's waiver of defenses is intended to encourage employers to subscribe to the workers' compensation system, the "especially punitive litigation regime for non-subscribing employers." HN9 [ ] Absent intentional misconduct, employees still must prove all the elements of a common law negligence claim to pr... | Party Submissions | 9.082793 | 9.021298 | 9.581368 |
TDCC warrants that all product purchased from TDCC by a UCC Member hereunder shall meet the specifications set forth in Exhibit A. THE FOREGOING IS TDCC'S SOLE WARRANTY REGARDING PRODUCTS AND SERVICES SUPPLIED UNDER THIS AGREEMENT, AND IS MADE EXPRESSLY IN LIEU OF AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANT... | Contract | 2.998328 | 2.158263 | 3.159396 |
For the avoidance of doubt, Claimant notes that its readiness to limit its request in this matter is not to be construed as an acceptance of all of Respondent’s objections regarding the Request. Further the Claimant herein reserves its right to request the production of any such Documents at a later stage after the Res... | Legal Decisions | 9.796039 | 9.282198 | 9.969571 |
Here, under the fourth version of events, Mann was walking to his vehicle to avoid the discomfort of being soaked by rain, which was incident to his work out of doors at the refinery. See Lujan v. Houston Gen. Ins. Co., 756 S.W.2d 295, 298 (Tex. 1988) (finding, as a matter of law, that where an employee was soaked in g... | Party Submissions | 10.16484 | 11.004011 | 12.191678 |
To begin, “incidental” is generally understood to refer to something that is not the major issue or primary part of something. As one dictionary explains, incidental can mean “accompanying but not a major part of something,” or “occurring by chance in connection with something else,” or, in reference to expenses, “an i... | Party Submissions | 8.928418 | 8.880831 | 9.278782 |
In re Holcomb, a companion case, held that a candidate for the Texas Court of Criminal Appeals was “entitled to an opportunity to cure and be included on the primary ballot” where his petition included duplicative signatures that the candidate could have remedied. 186 S.W.3d 553, 554-55 (Tex. 2006). As this Court expla... | Party Submissions | 4.855568 | 5.426916 | 5.106861 |
B.The trial court lacked jurisdiction because Oncor failed to exhaust administrative remedies Exhaustion of administrative remedies is a jurisdictional prerequisite to suit, and failure to do so deprives the trial court of jurisdiction. Webb County Appraisal Dist. v. New Laredo Hotel, 792 S.W.2d 952, 954–55 (Tex.1990).... | Party Submissions | 6.646244 | 6.804101 | 6.640498 |
Arbitration Rule 38 19.1. A Party may be called upon by the opposing Party to produce at the hearing for cross-examination any factual or expert witness whose written testimony has been advanced with the Pleadings. | Legal Decisions | 14.010366 | 13.572097 | 15.588551 |
To require the Administrator of the Federal Aviation Administration to establish procedures and reporting requirements for incidents relating to unidentified anomalous phenomena, and for other purposes. | Legislation | 6.408138 | 6.80535 | 6.756167 |
Petitioners misread the Romero opinion. In Romero, plaintiff sued a hospital, two physicians, and a nurse for injuries caused by a negligently delayed blood transfusion. 10 The liability theories against the hospital included both (i) negligence and (ii) malice in credentialing a surgeon. The jury found all parties at ... | Party Submissions | 6.415319 | 6.48199 | 6.887016 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.