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This Court, too, has recognized the potential constitutional implications of dismissing cases with no opportunity for a hearing on the merits. See Hebner v. Reddy, 498 S.W.3d 37, 41 (Tex. 2016). | Party Submissions | 7.205946 | 8.618442 | 8.252687 |
Convention Article 60; Administrative and Financial Regulation 14; ICSID Schedule of Fees; Memorandum on Fees and Expenses 3.1. The fees and expenses of each Tribunal Member shall be determined and paid in accordance with the ICSID Schedule of Fees and the Memorandum on Fees and Expenses in force at the time the fees a... | Legal Decisions | 5.170247 | 4.772722 | 5.999746 |
This Court need look no further than the Program’s repeated emphasis on and discussion of the importance of the state’s role in general, and the court system’s in particular, in establishing and maintaining guardianships. Throughout the Program, interviewees assert that guardianship exploitation is uniquely pernicious ... | Party Submissions | 9.419618 | 10.267823 | 10.213521 |
The court of appeals erred in judging the evidence as legally insufficient instead of factually insufficient and thus erred in rendering judgment on both issues against Husband. | Party Submissions | 14.510526 | 12.4986 | 19.203836 |
Walker’s delay in his attempt to remove a two-term incumbent statewide officer from the primary ballot is neither excused nor excusable. The people of Texas deserve the opportunity to elect the candidates of their choosing. Walker cannot place himself under duress by deadline and then complain of the result. Equity req... | Party Submissions | 24.391005 | 26.089924 | 28.282255 |
Oncor contends that the agreement it made was the result of a mutual mistake and is therefore not binding. Such a defense is not available under the Texas Tax Code. The remedies and procedures provided in the Tax Code for claims under § 42.01 are exclusive. TEX. TAX CODE § 42.09(a)(2). Claims that an agreement between ... | Party Submissions | 7.591312 | 8.705884 | 8.701981 |
Tex. 28, 6 S.W.2d 738 (Tex. 1928). Texas Courts have uniformly held that such benefits are community property provided they are acquired during marriage. | Party Submissions | 8.648436 | 12.733204 | 12.19611 |
Compounding this is the absence of definitive cost caps in the arbitration agreement, coupled with the vagueness enveloping arbitrator and administrative fee allocations in any award. This places Rafiei in a volatile situation, risking unforeseen expenses with no clear foresight on the cumulative costs until the arbitr... | Party Submissions | 24.451113 | 21.788395 | 25.652212 |
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 |
An expert report under the TMLA must, as to each defendant, “provide[] a fair summary of the expert’s opinions. .. regarding applicable standards of care, the manner in which the care rendered by the physician or health care provider failed to meet the standards, and the causal relationship between that failure and the... | Party Submissions | 3.046978 | 4.049808 | 4.060428 |
Second, given the vague wording of Serbia’s request, potential responsive documents would cover, for example, any forms of communication between Kalemegdan’s shareholders and/or Kalemegdan’s directors and Claimants’ legal or other advisors. There are potentially hundreds of such responsive documents. A search for all s... | Legal Decisions | 11.853497 | 11.300313 | 13.130178 |
Deferrals shall be calculated with respect to the gross cash Compensation payable to the Participant prior to any deductions or withholdings but shall be reduced by the Committee as necessary so that it does not exceed one hundred percent 100% of the cash Compensation of the Participant remaining after deduction of all... | Contract | 6.378067 | 5.399415 | 6.61659 |
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the documents from the Secretariat for Urban Planning and Construction in accordance with the applicable regulations121. In other words, requested documents are "in the public domain and equally and effectively available to both parties".12... | Legal Decisions | 12.948035 | 13.329084 | 13.953679 |
This is a drowning case where a six-year-old girl died because the City of Cedar Park consciously refused to enforce its mandatory safety rule. The rule required the City to deny access to the pool based on the number of attendees and lifeguards. The court of appeals erred when it held that the City’s failure to enforc... | Party Submissions | 8.844458 | 8.511263 | 9.171589 |
Retirement Account. Retirement Account means an Account established in the Participant’s initial Compensation Deferral Agreement upon his or her initial participation in the Plan in order to record such Participant’s Deferrals allocated to such Account (and any discretionary Company Contributions described in Article V... | Contract | 5.781631 | 5.09599 | 5.96134 |
While Houston Cement Co. was decided in favor of the appraisal district, § 1.111(e) binds appraisal districts as well as property owners. In Bastrop Cent. | Party Submissions | 19.20504 | 17.771238 | 18.510101 |
But in reviewing the denial of a motion to compel arbitration5 or enforce a forum-selection clause, courts are limited to the grounds advanced in the trial court. | Party Submissions | 11.764741 | 14.843368 | 17.265562 |
Next, the Walkers claim Dr. Tappan connected labor stress, fetal heart rate abnormalities, and external manipulation of H.W.’s head as causing a “perinatal arterial ischemic stroke.” (Pet. Br. at 18). The problems with that theory are: (i) Dr. Tappan never actually makes that statement (i.e., he writes that the MRI and... | Party Submissions | 8.97597 | 10.034721 | 9.896027 |
Claimants do not allege a direct expropriation of First Claimant’s investments, but an indirect expropriation.1411 Pursuant to Annex 10-B of the Treaty (see ¶ 1010 above), an indirect expropriation takes place where “an action or series of actions by a Party has an effect equivalent to direct expropriation without form... | Legal Decisions | 5.796921 | 5.677436 | 5.527373 |
To amend the Public Health Service Act to reauthorize and improve the National Breast and Cervical Cancer Early Detection Program for fiscal years 2024 through 2028, and for other purposes. | Legislation | 2.684099 | 2.47574 | 2.564798 |
Obviously, no court should allow such blatant mis-deeds to succeed. This Court held that to allow Sebastian to so utilize § 1.111(e) would thwart the Legislative intent behind the statute, not further it. Willacy at 51. This Court further noted that § 1.111(e) agreements are made between the appraisal district and the ... | Party Submissions | 13.007853 | 12.279381 | 14.948879 |
Most importantly, Petitioner waived her waiver defense in the Note, which states that “You agree that:... (d) we may waive or delay the enforcement of our rights under this Note without waiving or otherwise affecting such rights;... (f) you waive... waiver, dela y and all other notices or demands in connection with thi... | Party Submissions | 8.426753 | 9.104826 | 8.890747 |
HOLDINGS: [1]-The district court abused its discretion by lifting the stay on litigation of the tort suit because a suit for judicial review filed by employee's family in the district court was still pending and there was therefore no final administrative determination that allowed the court to lift the abatement. | Party Submissions | 15.389112 | 12.209332 | 14.977748 |
An insurance carrier is liable for compensation for an employee's injury with regard to fault or negligence if at the time of injury, the employee is subject to this subtitle and the injury arises out of and in the course and scope of employment. | Party Submissions | 6.978499 | 7.020521 | 8.011101 |
Letter from the Luka “Beograd” dated 12 October 2001 is already in the c ase files as Exhibit R-061. As to other two documents, Respondent agrees to produce the requested documents as they are already in its possession, custody or control. | Legal Decisions | 19.63188 | 19.934544 | 26.9828 |
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the documents from the Secretariat for Urban Planning and Construction in accordance with the applicable regulations128. In other words, the requested documents are "in the public domain and equally and effectively available to both parties... | Legal Decisions | 10.940871 | 11.625365 | 11.736238 |
This marked the end of North Star’s snow crab fishing activities in the NEAFC area, since Russia almost simultaneously closed its continental shelf that same month as advocated by Norway. | Legal Decisions | 48.810566 | 43.888317 | 51.11005 |
The President: [...] [Y]esterday, counsel for the Respondent said that, if I remember rightly, 98% of the snow crab harvested by your ships in 2015 and 2016 was taken from the Russian part of the Loop Hole, is that correct ? | Legal Decisions | 14.527897 | 17.517 | 15.88496 |
Nonetheless, the established case law holds that the significance of Mann being in or out of the course and scope of employment only determines the defenses available to Bay in a negligence case. If Mann was not in the course and scope of employment, then Bay retains its common-law defenses. If Mann was in the course a... | Party Submissions | 8.292233 | 8.247852 | 9.578068 |
C) The Tribunal’s analysis 499. The Tribunal notes from the outset that, in order to decide on Claimant’s request, it must decide on three different issues: first, whether the absence of a contractual relationship (privity) with Claimant renders the umbrella clause inapplicable; second, whether the existence of a dispu... | Legal Decisions | 6.434037 | 7.105121 | 6.325866 |
For example, while the Seventh Court faulted the experts for failing to provide an “ adequate explanation ” linking H.W. ’ s “ asphyxia event ” to his stroke, neither expert claimed that an “asphyxia event,” standing alone, caused H.W.’s stroke and resulting brain injury. Walker, 2022 WL 17324338, at *4 with App. 7, CR... | Party Submissions | 9.357306 | 10.206023 | 9.934072 |
Protective caps like the ones in In re Poly-America ensure that arbitration remains an accessible forum. In In re Poly-America, the Court was confronted with an arbitration agreement that, while containing a fee-splitting provision, incorporated protective mechanisms by capping the employee's share of the costs. 262 S.... | Party Submissions | 9.694006 | 10.934675 | 13.103524 |
Miller resulted from gross negligence by the Terry Defendants in not timely seeking to designate James Flaven a responsible third party? | Party Submissions | 62.250755 | 113.03547 | 99.879395 |
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 |
The court noted that trial courts often decide disputes about whether the TWCA’s exclusive remedy provision applies as a defense to an injured worker’s personal injury suit. Id. | Party Submissions | 12.475899 | 14.143283 | 16.101576 |
To amend section 404 of the Federal Water Pollution Control Act relating to judicial review of a permit issued under such section, and for other purposes. | Legislation | 5.09062 | 4.529072 | 5.141322 |
Petitioners and those interviewed in the Program repeatedly highlight the courts’ critical role in establishing, maintaining, and legitimizing a guardian’s control over a ward’s person and finances. CR1:911 at 00:36, 04:55, 13:36. The Program argues that it is a court’s involvement in a guardian’s affairs—just as much ... | Party Submissions | 9.178853 | 8.966433 | 9.076822 |
A MENDMENT .— 1 The table of sections for chapter 1 of title 36, United 2 States Code, is amended by striking the item relating to 3 the second section 146 and inserting the following: 4 ‘‘147. Choose Respect Day. ‘‘148. African Diaspora Heritage Month.’’. | Legislation | 10.869328 | 9.540802 | 11.128107 |
Respondents’ effort to defend the court of appeals’ decision follows the same misguided playbook as their effort to avoid this Court’s review. Instead of addressing the merits of Westwood’s complaints about the decision below, they misstate the evidence and the basis for that decision — and throw in a meritless and irr... | Party Submissions | 12.981053 | 12.903673 | 14.327745 |
What is the proper analysis to determine whether alleged departures involving professional or administrative services trigger the application of the TMLA? | Party Submissions | 43.377785 | 59.645683 | 66.76252 |
The same is true of Abilene Regional Medical Center v. Allen, 387 S.W.3d 914 (Tex. App.—Eastland 2012, pet. denied). Again, the Court allowed an obstetrician to offer an opinion about the cause of a newborn’s neurological injuries only because “he stated that he is familiar with the biological mechanism by which a fetu... | Party Submissions | 5.687854 | 5.870301 | 6.275511 |
The declarant ignored there was no possibility that the contaminants that leaked from Midland’s sewer system could have ever been mixed with household sewage. In R.R. | Party Submissions | 30.990856 | 31.884441 | 36.72088 |
For the reasons below, the Court should take another look at the issues presented in this case and should grant review. | Party Submissions | 15.276963 | 13.951676 | 17.478153 |
By: /s/ David M. Gunn David M. Gunn State Bar No. 08621600 dgunn@beckredden.com Attorney for Petitioners I hereby certify that on October 26, 2023 a true and correct copy of the foregoing has been electronically filed and served on all counsel below. See Tex. R. App. P. 9.2(c)(1), 9.5(b)(1). | Party Submissions | 4.233804 | 5.764318 | 7.395896 |
Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex.1992). Generally, appellate courts lack jurisdiction to issue writs of mandamus to supervise or correct incidental rulings of a trial judge when there is an adequate remedy by appeal. | Party Submissions | 4.326536 | 4.99712 | 5.928743 |
Rules Applicable to Installment Payments. If a Payment Schedule specifies installment payments, annual payments will be made beginning as of the payment commencement date for such installments and shall continue on each anniversary thereof until the number of installment payments specified in the Payment Schedule has b... | Contract | 5.480147 | 4.86248 | 6.594262 |
B, U : Claimants’ request is insufficiently narrow and specific as it does not specify the time period in which these unspecified decisions were issued or to whom were they issued (i.e. who was obliged to pay the fee for the use of urban construction land). For the same reason the request is overly burdensome because i... | Legal Decisions | 12.363438 | 11.792789 | 12.377034 |
To the extent that the trial court simply took the value ofthe account on the date of divorce, subtracted Husband’s contributions during the marriage and then awarded the remaining $31 1,778.24 as his separate property, the trial court abused its discretion in its characterization and division of the property. See, e.g... | Party Submissions | 7.749883 | 8.574055 | 9.134311 |
In August 2018, RLB started its dredging work under the Subcontract. When RLB reached minus 38 feet below sea level, it encountered substantially harder material. RLB began to have equipment problems and difficulty excavating the harder material. RLB believed that the subsurface condition it had encountered varied grea... | Party Submissions | 6.486056 | 6.71529 | 7.159226 |
Dr. Joseph Burns is the Superintendent of Schools for Copperas Cove ISD, a position he has held throughout the pendency of this dispute. | Party Submissions | 7.635394 | 10.925101 | 9.058633 |
A “fair summary” does not require a full statement of the applicable standard of care and how it was breached. Am. Transitional Care Ctrs. of Tex. v. Palacios, 46 S.W.3d 873, 880 (Tex. 2001). Instead, the report must simply set out what care was expected, but not given. Id. | Party Submissions | 5.5457 | 7.673261 | 6.856378 |
On June 1, 2017, Wife filed an original petition for divorce indicating the marriage was insupportable, in part, because of discord or conflict of personalities. | Party Submissions | 5.216299 | 7.187021 | 5.943598 |
But the Court of Appeals still faulted the experts for supposedly failing to provide an “ adequate explanation ” tying the “ purported asphyxia event” to H.W.’s “ large subacute infarction involving the majority of his left cerebral cortex. ” 2022 WL 17324338, at *3. In the Seventh Court ’ s view, the reports were defi... | Party Submissions | 9.144082 | 9.971724 | 10.022141 |
To amend the Employee Retirement Income Security Act of 1974 to clarify ican Rescue Plan Act of 2021, including amounts paid on behalf of a deceased participant or beneficiary, and for other purposes. | Legislation | 5.692601 | 6.227986 | 6.309098 |
As Rafiei explained to the trial court in this case, the arbitration of his claims would require three arbitrators under the arbitration agreement. Thus, Rafiei would be liable for half of the three arbitrators’ fees, as well as half of all other costs of arbitration, including room rental fees, abeyance fees, and othe... | Party Submissions | 8.743323 | 8.098689 | 9.194709 |
To enhance the Federal Government’s planning and preparation for extreme weather and the Federal Government’s dissemination of best practices to respond to extreme weather, thereby increasing resilience, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weath... | Legislation | 8.732777 | 8.195639 | 10.245343 |
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the requested documents from the Secretariat for Urban Planning and Construction in accordance with the applicable regulations251. In other words, the requested documents are "in the public domain and equally and effectively available to bo... | Legal Decisions | 10.964424 | 11.33816 | 11.879593 |
Upon cessation of the cause or causes for any such failure or delay, performance hereof shall be resumed as soon as practicable. Such failure or delay shall not operate to extend the duration of this Agreement nor obligate either TDCC or any UCC Member to make up deliveries or receipts of product. If, by reason of any ... | Contract | 10.867037 | 10.607958 | 11.987103 |
Respondent does not voluntarily produce these documents by October 26, Claimants request that the Tribunal order Respondent to produce them by November 27, 2023. | Legal Decisions | 8.872431 | 11.805756 | 12.102904 |
The Parties’ positions A) The Claimant’s position 522. To begin with, Claimant asserts that, as the material damages that he sustained were caused by Respondent in breach of the Treaty and international law, Respondent must make full reparation for such harm.678 Claimant further seeks reparation for the moral damage ca... | Legal Decisions | 10.057759 | 9.225266 | 9.413273 |
The DWC has exclusive jurisdiction to determine compensability because the Act vests the power to determine whether a *74 claimant is entitled to workers' compensation benefits solely in the DWC, subject to judicial review. | Party Submissions | 8.063659 | 8.958947 | 9.821647 |
Corrective Distribution Equivalent Deferrals. A deferral election shall also indicate whether a Participant elects to defer an additional amount of Compensation equal in amount to any Corrective Distribution received during the Plan Year to which the deferral election refers (“Corrective Distribution Equivalent Deferra... | Contract | 4.76467 | 4.943307 | 5.015377 |
Petitioner’s most tenuous argument is that Respondent waived its contractual acceleration rights by waiting twelve years to accelerate. But absence of evidence is not evidence of absence. The collection attempts of Respondent and the prior holders of the note are not in the record for the simple reason that they are ir... | Party Submissions | 6.359321 | 7.525557 | 6.523527 |
TBA respectfully requests that this Court grant Osprin’s petition for review and reverse the judgment of the court of appeals regarding the Guaranty. | Party Submissions | 20.176552 | 22.122707 | 32.166546 |
The Norwegian Coast Guard is prepared to enforce Norwegian law, and vessels starting fishing activity after snow crab without expressed consent from Norway will be arrested and prosecuted .771 578. The Senator was arrested the following day (see paragraph 113, above). The Norwegian courts, up to the level of the Suprem... | Legal Decisions | 18.048471 | 18.34217 | 19.154142 |
US$ 915,263.19, the Tribunal orders that Respondent shall bear 70% thereof, i.e. US$ 640,684.23 and accordingly shall pay to Claimants US$ 640,684.23. | Legal Decisions | 5.317744 | 6.594438 | 7.044148 |
The mootness exception for an issue “capable of repetition, yet evading review” applies only in rare circumstances. Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). A plaintiff invoking this exception must establish that: (1) the challenged action was too short in duration to be litigated fully before the action cease... | Party Submissions | 5.82393 | 5.669742 | 6.058731 |
But you would not know that from reading the Response Brief (“Resp. Br.”) of Tonya Barina (“Barina”). Despite containing enough quotes from fictional characters to fill a “quotes about defamation” page on brainyquotes.com, Barina’s brief utterly fails to engage with these important principles. Instead, Barina simply pa... | Party Submissions | 11.7786 | 12.955293 | 13.153722 |
Second, Walker’s delay and the fact the primary election process is already well underway preclude this Court from granting relief. As this Court has observed, “avoidable delays, in particular, may be fatal to the courts’ ability to proceed” with election-related litigation. In re Khanoyan, 637 S.W.3d at 764. Walker ha... | Party Submissions | 9.008528 | 9.832858 | 9.547358 |
To amend the Federal Fire Prevention and Control Act of 1974 to expand permissible uses of assistance to firefighters grant funds relating to behavioral and mental health, and for other purposes. | Legislation | 6.449681 | 5.624119 | 5.932087 |
Relator’s own delay in bringing this proceeding—which forced him to file in this Court rather than a trial court with fact-finding capabilities— precludes Justice Devine from obtaining additional declarations, preparing evidence, and otherwise developing a full factual record in the single business day given to respond... | Party Submissions | 12.758247 | 14.434491 | 14.268944 |
S.W.3d 614, 617-18 (Tex. App.—San Antonio 2004, no pet.) (quoting Lenger v. Physician’s Gen. Hosp., Inc., 455 S.W.2d 703, 706 (Tex. 1970) (“The proof must establish causal connection beyond the point of conjecture. It must show more than a possibility .”) (emphasis added). | Party Submissions | 4.509729 | 5.158882 | 5.304708 |
Even read in conjunction with Dr. Tappan’s report, Dr. Null does not explain, factually, how and why Dr. Castillo’s alleged breaches caused an injury. The reader is asked to draw inferences because, simply, Dr. Null never explains the basis for his opinions or links his conclusions to the facts of Dr. Castillo’s care. ... | Party Submissions | 9.173456 | 11.292521 | 11.419158 |
States have had the right to regulate the “times, places, and manner of holding elections” since the ratification of the U.S. Constitution. U.S. CONST. ART. I, SEC. 1. The Supreme Court has interpreted the Elections Clause expansively, enabling states to regulate “not only as to times and places, but in relation to not... | Party Submissions | 5.850709 | 5.289695 | 5.854778 |
In Sprague,‘ the Fourteenth Court of Appeals remanded the case based on its conclusion that issues of fact were required to be resolved to determine how the bonus should be characterized. 363 S.W.3d at 802. The appellate court did not determine whether the bonus was community or separate pr0perty. Id. | Party Submissions | 10.093381 | 10.907216 | 13.27329 |
The ground assigned for the motion is want of jurisdiction, in this court, of appeals from the judgments of inferior courts in cases of habeas corpus . | Party Submissions | 10.421286 | 15.41194 | 15.231924 |
The decision below transgresses the boundary between those separate spheres. And Respondents barely attempt to argue otherwise. They simply try to make the decision mean something other than what it actually says. | Party Submissions | 20.476015 | 24.643051 | 29.213772 |
The Lender hereby expressly waives presentment, demand, notice, protest and all other demands and notices in connection with the delivery, acceptance, performance, default or enforcement of this Promissory Note and the Loan Agreement. | Contract | 3.408132 | 4.60129 | 6.696687 |
Harvesting of snow crab on the Norwegian continental shelf is prohibited unless an exemption has been granted. No such exemption has been granted to vessels flying the flag of an EU Member State. Therefore your vessels are not authorized to fish on the Norwegian continental shelf. This includes the whole Norwegian cont... | Legal Decisions | 5.961978 | 5.946973 | 6.582137 |
The trial court duly noted that it had denied the request for a jury trial (CR:759), which it conditioned solely on the absence of any claim for separate property. This is wrong, and such a narrow construction of Section 6.703 should not be upheld or condoned. From this point forward, based on an improperly restrictive... | Party Submissions | 18.567911 | 20.333965 | 19.646132 |
MVP next contends it is not “unreasonable or unjust” to dismiss RLB’s claims against McCarthy and Travelers. For all of MVP’s talk about “waiver,” MVP (and McCarthy) ignore that McCarthy and Travelers never sought dismissal of RLB’s claims in the trial court—or even in the court of appeals until RLB moved for rehearing... | Party Submissions | 7.58533 | 7.886683 | 8.163366 |
Finally, the Court should reject Respondents’ continued effort to complicate this case, confuse the issues, and obfuscate the problems with the court of appeals’ decision by injecting additional “substantive issues” into the analysis of the single question presented. In their response to Westwood’s petition, Respondent... | Party Submissions | 10.032359 | 10.485844 | 10.868278 |
At the preliminary stage, however, there is no evidence, much less evidence that could demonstrate other plausible causes of a claimant’s injury. As a result, this Court’s preliminary expert report jurisprudence— which developed in tandem with Bustamante, Windrum, and Thompson— has uniformly rejected provider’s efforts... | Party Submissions | 16.786612 | 16.647505 | 18.167147 |
First, unlike in Rosenthal, Barina’s denial is made on camera, in the Program.10 And not only is it true that Barina made that offer, but when Thrash’s former attorney ad litem informed the probate judge of the offer, she did not deny having made it and instead complained that the lawyer had divulged privileged stateme... | Party Submissions | 14.315951 | 13.083517 | 14.612132 |
It is also noteworthy that respondents’ argument is internally inconsistent. They contend the UDJA does not authorize the district court to consider Oncor’s claim because a different statute—the Texas Tax Code—sets out a comprehensive regulatory scheme that vests appraisal review boards with exclusive jurisdiction over... | Party Submissions | 4.286574 | 4.803688 | 4.704225 |
The Manns filed a cross-motion for partial summary judgment, attempting to defeat Bay's exclusive-remedy defense. The trial court granted the Manns' motion and struck Bay's exclusive-remedy defense. The trial court then gave Bay leave to seek a permissive appeal in this Court concerning four questions, which Bay raises... | Party Submissions | 9.439899 | 8.431343 | 10.197369 |
Given the Respondent’s objections regarding the lack of specific mention in the Request for Arbitration, and for the sake of efficiency, the Claimant is prepared to withdraw the Request. | Legal Decisions | 14.538063 | 10.749494 | 13.81025 |
WATERCRAFT ARE USED TO PERFORM WORK) If required by Exhibit 6, Subcontractor shall procure and maintain in force Protection and Indemnity Liability covering all vessels used subject to not less than the terms and conditions of the P&I SP-23 (Revised 1/56) form of policy or its equivalent including Collision and Tower’s... | Party Submissions | 17.866537 | 14.00535 | 18.86496 |
And, in Matagorda Nursing and Rehabilitation Center, L.L.C. v. Brooks, No. 13-16-00266-CV, 2017 WL 127867 (Tex. App.—Corpus Christi, Feb. 9, 2017, no pet.) (mem. op.), the appellate court considered whether a well-credentialed pathologist was qualified to offer an opinion about the cause of injuries and death of a nurs... | Party Submissions | 3.871852 | 4.030646 | 4.23157 |
Weatherford’s next contention incorrectly asks the Court to recharacterize sewer systems as “solid waste facilities” on the grounds that sewer systems sometimes leak, and therefore, under a separate and inapplicable federal CERCLA 11 standard, strict liability should apply to a sewer system. As such, Weatherford reques... | Party Submissions | 9.092978 | 9.597277 | 9.789591 |
Subcontractor shall be responsible for providing insurance for all its property, tools and equipment used on the site or away from the site. | Party Submissions | 12.026348 | 13.734248 | 16.460592 |
Berrelez v. Mesquite Logistics USA, Inc., 562 S.W.3d 69 (2018) the alleged injury. In sum, we hold Berrelez had to exhaust her administrative remedies under the Act before filing suit in district court. We therefore overrule her appellate complaints. | Party Submissions | 10.423174 | 10.595881 | 12.07079 |
The issues presented are whether this Court should reject Relator’s emergency petition for writ of mandamus for any of the following independent reasons: 1. Relator seeks relief that would disrupt an ongoing or imminent election in violation of this Court’s precedent; 2. The relief Relator seeks—removing Justice Devine... | Party Submissions | 7.160004 | 7.110083 | 7.207523 |
The uncontroverted affidavit testimony of Laura V. Yeager, an attorney with Defendant Fleming & Associates, L.L.P., states that the majority of the Fen-Phen clients were referred to Defendants by 120 different attorneys located in 38 different states, 110 of whom used “separate and distinct client retainer contracts wh... | Party Submissions | 10.87018 | 9.891729 | 10.709157 |
To complicate the instant case, Dallas served not just as a regulator but also as the lessor in Trinity’s lease of the mineral interests and Surface Tracts. In addition to other benefits, as part of this lease, Dallas received a bonus payment of over $19 million. While not extensively covered in Trinity II, the jury an... | Party Submissions | 9.121534 | 8.867011 | 9.464849 |
Just as with the objective prong, the analysis focuses on the alleged act or omission, from the actor’s perspective, at the time the act occurred. Reviewing “courts focus on the defendant’s state of mind, examining whether the defendant knew about the peril caused by his conduct but acted in a way that demonstrates he ... | Party Submissions | 6.870048 | 7.663441 | 7.424004 |
At its core, the purposeful availment analysis seeks to determine whether a nonresident’s conduct and connection to a forum are such that it could reasonably anticipate being haled into court there. At 152. It is important to note that the alle g atio n that a defendant committed a tort in Texas is sufficient to justif... | Party Submissions | 6.797325 | 7.634473 | 7.451346 |
Disposition: The Court of Appeals (Chief Justice Quinn, joined by Justices Parker and Doss) unanimously concluded that the Walkers’ expert reports were insufficient under Chapter 74 of the Texas Civil Practice and Remedies Code. The Court issued a memorandum opinion reversing the trial court’s order and dismissed the W... | Party Submissions | 4.630643 | 4.802552 | 4.708509 |
Roskey v. Continental Cas. Co., 190 S.W.3d 875, 880 (Tex. App.-- Dallas 2006, pet. denied) ; see also American Motorists Ins. Co. v. Fodge, 63 S.W.3d 801, 804-05 (Tex. 2001) ; In re Am. Cas. Co. of Reading, Pa., 233 S.W.3d 925, 928 (Tex. App.-- Waco 2007, orig. proceeding) . | Party Submissions | 2.98974 | 3.561635 | 3.442428 |
WHEREAS, the Company desires to continue to employ the Executive, and Executive desires to continue to be employed by the Company, as the Company’s President and Chief Executive Officer, on the terms set forth in this Agreement. | Contract | 3.667454 | 4.193292 | 4.812273 |
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