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 ⌀ |
|---|---|---|---|---|
First, Yellowfin emphasizes that “[w]here there is a debt secured by a note, which is in turn, secured by a lien, the note and the lien constitute separate obligations.” Resp. Br. 8 (quoting Aguero v. Ramirez, 70 S.W.3d 372, 374 (Tex. App. — Corpus Christi 2002, pet. denied)). We do not disagree, but that is beside the... | Party Submissions | 5.399433 | 5.787012 | 5.901568 |
MVP does not dispute that RLB filed the lawsuit well within the statute of limitations. Sanders v. Hathaway, No. 01-18-00661-CV, 2019 WL 2932847, at *4 (Tex. App.—Houston [1st Dist.] July 9, 2019, no pet.) (mem. op.) (“The right to disaffirm is subject to a four-year statute of limitations.”). Thus, RLB does not claim ... | Party Submissions | 5.067389 | 5.581425 | 5.279376 |
In order to adequately sell and service the motor vehicle buyer, each franchised dealer location must have a sufficient supply of new motor vehicles so as to continue to remain operational. | Party Submissions | 16.740227 | 16.293503 | 18.944548 |
HN12 [ ] Common Law Writs, Mandamus A writ of mandamus will issue when a trial court does not abate a tort suit while a suit for judicial review of a Department of Insurance Division of Workers Compensation decision is pending. Mandamus relief is afforded where a trial court fails to abate tort litigation while suit fo... | Party Submissions | 10.489432 | 11.241903 | 11.970759 |
As Fleming Defendants have been saying all throughout this appeal, if a litigant makes an agreement with the court relating to collateral estoppel, express or implied, then the litigant is bound by that agreement. They should be bound by their agreement that individual issues predominate over common issues, which neces... | Party Submissions | 10.837518 | 11.869658 | 12.989908 |
Christus Spohn Health System Corp. v. High and Rector , 658 S.W.3d 375, 381 (Tex. App. – Corpus Christi 2022, pet. denied).1 As such, this would fall under the professional or administrative services component of the second element of a medical liability claim. Christus stated that patient identification involves profe... | Party Submissions | 10.375767 | 13.166787 | 12.903166 |
All of this ended with Dr. Castillo’s failure to properly perform the delivery itself. By 15:50, Dr. Castillo noted that H.W.’s head was at a +2 station with “large caput”— that is, a swelling of the scalp that occurs after prolonged engagement of the fetal head in the birth canal. App. 7, CR 666. When Dr. Castillo mad... | Party Submissions | 7.583006 | 9.436166 | 8.104341 |
WHEREAS, reference is made to the agreements set forth on Exhibit A hereto (the “Specified Agreements”, and each a “Specified Agreement”), each entered into between Dow and Dow Hydrocarbons and Resources LLC, a Delaware limited liability company (“DHRL”). | Contract | 8.045815 | 5.038997 | 7.728262 |
In the absence of a showing of subterfuge, the agreement was disposi- tive of Defterios’s independent-contractor status. E.g., Newspapers, Inc. | Party Submissions | 19.228617 | 22.562944 | 24.008682 |
B) The damages regarding the failure to adjust the tipping fees 536. Upon the Tribunal’s finding that Respondent violated the FET by failing to revise the tipping fees – as provided for in the Concession Agreement697 – the consistency of the damage suffered in this regard is reflected in the maintenance of the tipping ... | Legal Decisions | 18.27104 | 14.471882 | 16.354877 |
The court reversed the trial court's judgment in the employer's favor and rendered judgment affirming the appeals panel's decision that denied the employer's reimbursement claim. The court conditionally granted the employer's mandamus petition. | Party Submissions | 5.347033 | 5.736198 | 6.213685 |
Intervenor further questioned A.S. about October 2021, when law enforcement was called due to a domestic issue between A.S and C.W. 3 RR 120-21. | Party Submissions | 14.604191 | 17.59086 | 25.64918 |
To affirm the State of Texas’s right to implement operational protections along the southern border, to authorize the State to construct a physical border wall in areas where the international border is not adequately protected with physical barriers, and to allow reimbursement from the Federal Government. | Legislation | 14.20398 | 12.040446 | 11.613874 |
Amendment, each reference in the Employment Agreement to “this Agreement,” “hereunder,” or words of like import shall mean and be a reference to the Employment Agreement, as amended by this Amendment. | Contract | 3.308368 | 3.540119 | 4.950152 |
It is the section’s preliminary assessment that there are good reasons for considering the snow crab as a sedentary species which is thus subject to shelf jurisdiction. This means that the snow crab in this case is regulated by the relevant shelf state (s). We have understood that the snow crab at the moment is mainly ... | Legal Decisions | 13.986667 | 13.248114 | 14.299116 |
III. Bay Does Not Meet the Statutory Requirements of Section 406.123 Therefore, the Trial Courts Order Striking Bay's Exclusive Remedy Defense Should be Affirmed. | Party Submissions | 10.566083 | 10.296051 | 13.829829 |
In Fodge, a workers' compensation claimant brought suit against an insurer for breach of the duty of good faith and fair dealing, negligence, fraud, and violations of the Insurance Code and the DTPA. 63 S.W.3d at 802-03. The trial court granted the insurer's motion to dismiss, based on the insurer's argument that the c... | Party Submissions | 4.156054 | 4.331895 | 4.490405 |
At any time after the institution of the proceedings, a party may request that provisional measures for the preservation of its rights be recommended by the Tribunal. The request shall specify the rights to be preserved, the measures the recommendation of which is requested, and the circumstances that require such meas... | Legal Decisions | 6.679999 | 6.828592 | 6.796163 |
Here, by contrast, Dr. Tappan set out the facts — Mrs. Walker ’ s arrested labor and H.W. ’ s heartrate abnormalities — that put H.W. at risk of “ hypoxic-ischemic encephalopathy” and how H.W.’s condition at birth suggested the possibility that he in fact suffered such an injury. App. 7, CR 668-69 (¶¶ 4-5); see also id... | Party Submissions | 11.082279 | 14.30537 | 14.236885 |
After notice and hearing and considering the evidence on the record, the trial court correctly struck Bay's affirmative defense of “exclusive remedies” because *10 Bay failed to prove that it had standing to assert the defense as a matter of law. | Party Submissions | 13.184805 | 13.622154 | 16.403963 |
I hereby certify that this Reply Brief on the Merits (when excluding the caption, table of contents, index of authorities, signature, certificate of compliance, and certificate of service) contains 7,496 words. | Party Submissions | 7.343671 | 9.003813 | 9.293414 |
Oncor asserts that “[t]he only time a section 1.111(e) agreement bars subsequent correction of a clerical error is when the agreement expressly addresses the clerical error .” 7 In support, Oncor states that Houston Cement and Bastrop do not say otherwise. Oncor ’ s characterization carefully avoids the fact that the c... | Party Submissions | 16.089802 | 15.959558 | 19.427357 |
In accordance with this Court’s opinion of this date, the September 21, 2021 Order and Final Judgment of the trial court is AFFIRMED. | Party Submissions | 5.477423 | 6.589803 | 6.794682 |
Change in Control. Change in Control, with respect to a Participating Employer that is organized as a corporation, occurs on the date on which any of the following events occur: (i) a change in the ownership of the Participating Employer; (ii) a change in the effective control of the Participating Employer; or (iii) a ... | Contract | 2.444177 | 2.623717 | 2.715741 |
Additionally, evidence about whether Terry considered naming Flaven as an RTP or thought HSMiller would benefit from submitting Flaven in the proportionate responsibility jury question also is irrelevant. See id. at 58. The proper inquiry concerns Terry’s decision to wait to seek leave to designate Flaven as an RTP unt... | Party Submissions | 13.224515 | 13.169638 | 14.385221 |
PRAYER Because Bay does not have standing to assert an exclusive remedies affirmative defense, the decision of the trial court should be affirmed. This suit *37 should be remanded to the trial court so that Mann may pursue his negligence case against Bay either as a non-employee pedestrian or as an employee against his... | Party Submissions | 13.758009 | 16.084404 | 17.818039 |
Respondents seek to create a misleading impression about the financial state of Manticore Fuels LLC, a company conceived by petitioner Rob Condon. CR454. Respondents also improperly cite ProPetro’s online 10-K filing from 2020, “reporting a deterioration of its financial position.” Resp. 7 n.2.4 This evidence also goes... | Party Submissions | 20.595274 | 22.334185 | 22.80965 |
On December 22, 2020, MVP filed a plea in abatement in the Texas case. MVP contended that RLB’s and McCarthy’s claims against MVP in the Texas case should be abated in favor of the Oklahoma case because (1) the Oklahoma court had dominant jurisdiction because the Oklahoma case was the first-filed; and (2) the forum-sel... | Party Submissions | 5.515479 | 6.400462 | 6.646071 |
As Sonic acknowledges in its rehearing motion, the issue [**2] in this case is one of first impression. For that reason, our opinion cites to several cases dealing with subrogation issues rather than subclaimants, but this does not mean the two concepts were conflated. The issue we address in the opinion is whether Son... | Party Submissions | 6.977121 | 7.584764 | 7.050217 |
Then in January 2011, the taxpayer filed a motion to correct the 2009 and 2010 values of its property under TEX. TAX CODE § 25.25(c) (as Oncor did), arguing that, due to clerical errors, both valuations included inventory that had been in transit and not yet located in Harris County on January 1 of each respective year... | Party Submissions | 6.239271 | 6.036961 | 6.449687 |
Liberty has affirmatively demonstrated a valid waiver of governmental immunity under Texas Local Government Code, Section 271.152, by which certain contracts with a governmental entity are subject to such waiver. Texas Local Government Code, Section 271, provides that a “‘[c]ontract subject to this subchapter ’” means:... | Party Submissions | 5.349266 | 5.486497 | 5.582953 |
Laporta explained that Husband’s incentive plan indicated that disbursement of the bonus was at the sole discretion of Bank of America. It was not tied to any commissioned work, and until the bonus was received, it was an “expectancy,” not an entitlement. The court ultimately awarded the February 14, 2020 bonus as. Hus... | Party Submissions | 13.422267 | 15.564 | 17.249903 |
Suarez v. City of Texas City, 465 S.W.3d 623, 627 (Tex. 2015) (collecting cases). For example, in Shumake, the plaintiffs alleged that a hidden man-made culvert created a powerful undertow that caused their nine-year-old daughter to drown in a state park. 199 S.W.3d at 281. The supreme court concluded that the plaintif... | Party Submissions | 4.513784 | 4.851662 | 5.110028 |
To be sure, this Court has said that when the Legislature does decide to prohibit waiver of statutory rights, it must “speak clearly.” Moayedi, 438 S.W.3d at 6. | Party Submissions | 8.771312 | 10.783719 | 10.799262 |
The Amarillo Court of Appeals agreed that “no doubt, something happened leaving child and parent to suffer the consequences. ” App. 3, Walker, 2022 WL 17324338, at *5. But relying on this Court’s recent opinion in Pediatrics Cool Care v. Thompson, 649 S.W.3d 152, 179 (Tex. 2022), the Court of Appeals found the expert r... | Party Submissions | 6.581045 | 7.179318 | 7.062749 |
Here, in support of their negligence claims, petitioners alleged that the hospital “had a duty to correctly and securely identify each infant in the hospital and to ensure that discharge of each infant be with his or her parent of family.” (CR1 8). This duty not only does not mention record keeping, it does not implica... | Party Submissions | 12.68718 | 14.734775 | 13.719646 |
Trinity II potentially turns community-first land use governance on its head and elevates a landowner’s economic objectives above the community’s interest in public health, safety, and welfare as expressed through the zoning process. When the Dallas community, acting via statutorily-defined public processes, deemed the... | Party Submissions | 8.224952 | 8.232853 | 8.549101 |
This Court followed Cockerham in its decision in Fellows. Fellows v. Fellows, 2000 EL 1073609 (Tex. App.—Dallas 2000, no pet.). This Court followed the Cockerham rule, stating: When a spouse uses separate property to acquire property during marriage and takes title to that property in the name of both spouses, a presum... | Party Submissions | 5.513059 | 5.979543 | 5.884048 |
The Lucas Takings Claim Gal ovelho’s first claim alleged a categorical or per se taking, which occurs “ when the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle. ” Lucas, 505 U.S. at 1019 (emphasis... | Party Submissions | 8.034753 | 9.163756 | 8.452898 |
This Court cites generally to the presumption that taking title to property in both spouses’ names which was previously the separate property of one spouse gives way to a presumption of gift of one-half of the spouse’s separate property interest to the other spouse. Id. at 168. | Party Submissions | 10.357803 | 12.297053 | 10.823388 |
Balancing jurisprudential considerations, both public and private, in determining whether an adequate remedy by appeal exists, while a reviewing court is mindful that abatement orders are incidental rulings of the trial court and lost profits do not establish an inadequate appellate remedy, it is also true that whether... | Party Submissions | 12.650589 | 12.067122 | 15.149854 |
Their second claim is based on the City’s failure to provide Catiana with a life jacket even though these safety devices were available for her use. The Delapenas contend that this claim falls within the integral safety component doctrine articulated in cases like Robinson v. Central Texas MHMR Center, 780 S.W.2d 169 (... | Party Submissions | 13.860177 | 14.543515 | 14.430113 |
Sales Commissions. Sales commissions (as defined in Treas. Reg. Section 1.409A-2(a)(12)(i)) are considered to be earned by the Participant in the taxable year of the Participant in which the sale occurs. The Compensation Deferral Agreement applicable to any sales commissions, [if permitted by the Committee,] must be fi... | Contract | 5.978138 | 6.073853 | 6.882515 |
The MSC Industrial Direct Co., Inc. Deferred Compensation Plan for Non-Executive Directors and Consultants (the “Plan”) is adopted effective as of November 1, 2023 by MSC Industrial Direct Co., Inc. (“the Company”). The Company intends that the Plan shall at all times be administered and interpreted in such a manner as... | Contract | 3.552259 | 3.603732 | 3.754486 |
Bay submitted proof that at the time of the accident, Mann was employed as Bay's foreman for a project at the Bill Greehey Refinery owned by Valero (“the refinery”). The refinery is located on Up River Road and is relatively close to the site of the accident. | Party Submissions | 14.514236 | 14.63544 | 19.813097 |
On rehearing, Sonic asserts that this court's opinion contains two "substantial" analytical errors, as follows: (1) "it conflates [Sonic's] status as a subclaimant with that of a subrogee," and (2) it construes " [s]ection 406.075 [of the TWCA] to bar [Sonic's] reimbursement claim that does not depend on any 'election'... | Party Submissions | 6.07416 | 6.576248 | 6.818998 |
To amend part A of title IV of the Social Security Act to clarify the longstanding authority of States to use funds made available under the Temporary Assistance for Needy Families program to fund life-affirming services to empower pregnant women to choose life for their babies instead of abortion, and for other purpos... | Legislation | 4.322397 | 3.990111 | 4.329864 |
HN2 [ ] A trial court abuses its discretion when it acts in an unreasonable or arbitrary manner or, stated differently, when it acts without reference to guiding rules and principles. See In re Colonial Pipeline Co., 968 S.W.2d 938, 941 (Tex. 1998). When a trial court fails "to analyze or apply [*4] the law correctly,"... | Party Submissions | 3.759524 | 4.358823 | 4.163178 |
Diverging from its sister courts, the Seventh Court mistakenly relied on this Court’s recent opinion in Pediatrics Cool Care v. Thompson to reverse. See Baptist St. Anthony ’ s Hosp. v. Walker, No. 07-22-00032-CV, 2022 WL 17324338, at *3,*5 (Tex. App. — Amarillo Nov. 29, 2022, pet filed) (citing Thompson, 649 S.W.3d 15... | Party Submissions | 7.782347 | 7.368756 | 8.007264 |
Third, enforcing the Election Code’s signature requirements through mandamus directed to Chairman Rinaldi would violate the First Amendment. While the State has a legitimate interest in ensuring that candidates for statewide office enjoy statewide support, that interest in general must be balanced in each specific case... | Party Submissions | 9.1822 | 8.737582 | 9.557367 |
The main subject of this appeal is Bay's exclusive-remedy defense. In the Manns' motion for summary judgment, they asserted that Bay did not qualify for two elements of the defense: Bay was not Mann's “employer,” as that term is used in the Act, and Mann was not injured while in the “course and scope” of his employment... | Party Submissions | 6.703914 | 7.313452 | 7.27271 |
By its first and fourth issues, Bay asserts that it satisfied both elements of the exclusive-remedy defense which were challenged in the trial court: that Bay was Mann's “employer or an agent or employee of the employer” and that Mann's injury *322 occurred in the “course and scope” of his employment. See TEX. LAB. COD... | Party Submissions | 6.782917 | 8.482574 | 8.731544 |
Only if MVP met its initial burden would it then fall on RLB “to raise an affirmative defense to enforcing” the agreement. J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223, 227 (Tex. 2003). Until then, RLB had no burden to affirmatively assert that its claims were not within the forum-selection clause’s scope or present ... | Party Submissions | 8.001932 | 8.13045 | 9.350537 |
Finally, as a conditional issue, a remand (at least) is required because the trial court refused to allow the jury to consider the responsibility of three other parties: HSMiller, the claimant; Defterios, the HSMiller agent involved; and Diamond State, the insurance carrier for HSMiller who negligently failed to settle... | Party Submissions | 15.562935 | 13.857365 | 16.137405 |
Raymond case Wife herein relies solely and summarily upon the decisions in Raymond to support her claim that the refinance deed involving husband and wife containing wife’s name as co-grantee creates an irrebuttable presumption of a gift of one-half of husband’s separate property asset to her. | Party Submissions | 19.930351 | 20.60582 | 24.004957 |
True, both this case and E.D. are obstetrical malpractice cases. But that is where the similarities end, at least insofar as the lower courts’ criticisms of the expert reports in each. In E.D., this Court faulted the Fort Worth Court of Appeals for its failure to consider the entirety of the expert report, and that foc... | Party Submissions | 7.091873 | 7.688422 | 7.596757 |
Unforeseeable Emergency. An Unforeseeable Emergency means a severe financial hardship to the Participant resulting from an illness or accident of the Participant, the Participant’s spouse, the Participant’s dependent (as defined in Code section 152, without regard to section 152(b)(1), (b)(2), and (d)(1)(B)), or a Bene... | Contract | 2.665201 | 1.964434 | 3.203456 |
ATE .—The amendments made by this section shall apply with respect to overpayments of special financial assistance under section 4262 of the Em-ployment Retirement Income Security Act (29 U.S.C. 1104) occurring before, on, or after the date of enactment of this Act. | Legislation | 5.519043 | 6.664343 | 7.117274 |
Any notice or filing required or permitted to be given to a Participant under this Plan shall be sufficient if in writing or hand-delivered, or sent by mail to the last known address of the Participant. | Contract | 4.558076 | 4.535558 | 5.41172 |
For purposes of this Section 7, capitalized terms not otherwise defined in the Plan shall have the meanings prescribed under the applicable Omnibus Plan. Except as provided in this Section 7, the terms of the Omnibus Plans and the applicable Award Agreements will continue to apply. | Contract | 4.777856 | 5.654748 | 5.633559 |
Because the trial court abused its discretion by refusing to abate the trial until the Commission makes its final decision, Luby's is entitled to mandamus relief. Accordingly, the trial court should vacate is September 4, 1998 order denying abatement and enter the appropriate order. Writ will issue if the trial court f... | Party Submissions | 7.211793 | 9.053349 | 9.386745 |
As this Court summarized in yet another case, the rule is that the trial court has “authority” during an interlocutory appeal “to take further proceedings in the cause, unless in its discretion it orders them to be stayed, pending the appeal.” Smith v. Vulcan Iron Works, 165 U.S. 518, 525, 17 S.Ct. 407, 41 L.Ed. 810 (1... | Party Submissions | 6.726599 | 6.578113 | 6.797468 |
Complete version of any and all sketches ( in Serbian: skice), excerpts of which are included in Serbia’s exhibit R-043. Where the requested documents cover a large area, it is sufficient to produce only the part of the document showing Dunavska 17-19, Dunavska 23 and the Surrounding Area plus the legend and any textua... | Legal Decisions | 22.931957 | 32.70225 | 29.103716 |
Smith v. Allwright, 321 U.S. at 663-664. The Party has no Rule that allows Respondent to accept ballot applications that are noncompliant with Texas law. By the same token, he cannot choose to reject his political enemies’ ballot applications just because he asserts the Party does not want to associate with them. Respo... | Party Submissions | 4.598585 | 4.407025 | 4.683736 |
Nor can Respondents avoid review by supplying their own version of the analysis they think the Board and court silently did. The specifics of how the proper legal standard would apply to these facts is no reason to deny review because the legal errors about what § 2301.467(a)(1) means need correction regardless, and ap... | Party Submissions | 22.6031 | 23.530098 | 23.808247 |
This Twenty-Seconded Amendment to the Amended and Restated Revolving Credit Agreement (this “Amendment”) is made effective as of October 1, 2023, and is entered into among Union Carbide Corporation, as Borrower (“Borrower”) and The Dow Chemical Company, as Lender (“Lender”) (together, the “Parties”). | Contract | 5.011242 | 3.562133 | 5.153553 |
This Court has said the standard is “lenient;” a claimant has a “fair opportunity to show his claim is not frivolous.” Scoresby, 346 S.W.3d at 549. Still, an expert must “explain, to a reasonable degree, how and why the breach caused the injury based on the facts presented.” Jelinek v. Casas, 328 S.W.3d 526, 539-40 (Te... | Party Submissions | 7.381745 | 7.823247 | 8.042579 |
To be entitled to the requested mandamus relief, a party must show that a trial court's order is a clear abuse of discretion and that it has no adequate remedy by appeal. A trial court abuses its discretion when it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law, or... | Party Submissions | 3.655659 | 4.445942 | 4.519157 |
Jurisdiction (“ Rejoinder ”) together with the Second Witness Statement of Mr. Severo Buenalaya (“RWS-Buenalaya II”); the Second Legal Opinion of Mr. Ricardo Leyva (“ RER-Leyva II"); the Expert Report of Mr. Richard Tabors (“RER-Tabors”); the Second Expert Report of Mr. César Gutiérrez (“RER-Gutiérrez II”); the Seco... | Legal Decisions | 10.284184 | 8.893886 | 10.307838 |
The court of appeals correctly described the nature of the case. Daniel and Kristin Walker sued Dr. Rhodesia Castillo, Kristen Walker’s obstetrician, and Baptist St. Anthony, the Hospital where Mrs. Walker delivered, when the providers ’ collective negligence caused baby H.W. to suffer a significant brain injury during... | Party Submissions | 20.737232 | 22.796488 | 23.088919 |
Thus, unlike an abstract of judgment, a lis pendens is a communication made during the course of a judicial proceeding that accomplishes the goal of informing and protecting the rights of the general public. See Bird, 868 S.W.2d at 771; James, 637 S.W.2d at 916; Reagan, 166 S.W.2d at 913. But the privilege should not b... | Party Submissions | 8.954234 | 8.275663 | 8.741454 |
Our opening brief explains (at 32-36) that if even the applicable statute of limitations does not bar Yellowfin’s claim, Yellowfin and its predecessors -in-interest waived any acceleration rights by waiting over twelve years to assert those rights. Yellowfin responds by pointing to provisions in the Note that permitted... | Party Submissions | 8.035195 | 7.919313 | 8.74487 |
It also substantially harms lenders by impeding their ability to enforce guaranty agreements. Guaranty agreements regularly include termination provisions, and a lender that cannot enforce a guaranty without a substantial risk of the termination provision eliminating the guarantor’s liability for a past breach will be ... | Party Submissions | 10.696897 | 9.544827 | 11.872925 |
Rusk at San Jacinto also sought to participate in the Texas program to help fund the Texaco building project. Once received, the state tax credits would be allocated to TX 1111. TX 1111 would then monetize the tax credits by selling them to Stonehenge Capital Co., a tax credit investor, through an affiliated entity, Ru... | Party Submissions | 11.818494 | 9.541009 | 12.430979 |
The Stantons do not have this issue here since they are not seeking any benefit from the Subcontract, but rather from Petitioner’s contract with 4415 W. Lovers. The Subcontract containing the arbitration provision could have never been created in this case, and Respondents would still be able to pursue their third-part... | Party Submissions | 12.370302 | 13.731263 | 14.697042 |
Expressing the sense of the Senate that the United States should recognize the 1994 genocide in Rwanda as ‘‘the genocide against the Tutsi in Rwanda’’. | Legislation | 5.107908 | 3.847686 | 4.243269 |
Except as indicated above on this Exhibit A, I have no Prior Developments to disclose pursuant to Section 3(a) of this Agreement and no agreements to disclose pursuant to Section 4 of this Agreement. | Contract | 8.077254 | 7.96996 | 10.325438 |
Designation of a responsible third party is not listed in the Texas Workers' Compensation Act (TWCA) as a prohibited defense for nonsubscribers. Tex. Lab. Code Ann. § 406.033(a). However, under the express terms of the TWCA, an employee must still prove that her employer was negligent to prevail at trial. Tex. Lab. Cod... | Party Submissions | 4.592887 | 5.188987 | 5.000612 |
Notwithstanding any other provision of this Agreement, in the event of a payment to be made, or a benefit to be provided, pursuant to this Agreement based upon Executive’s “separation from service” (as defined below) for a reason other than death at a time when Executive is a Specified Employee (as defined below) and s... | Contract | 3.165057 | 3.491851 | 3.355121 |
Fisheries” where “a fishing vessel under the EU flag will land live snow crabs at approved Norwegian reception stations” was that: 1. In principle, EU vessels can land fish, including snow crab to Norway on an equal footing with Norwegian fishing vessels [...] . | Legal Decisions | 30.976452 | 35.16503 | 39.77216 |
And finally, to whatever extent the Martinez Family might raise additional arguments that the agency's order is void, we would also reject those arguments as a basis for mandamus relief. HN11 [ ] We have held that an agency order may be subject to collateral attack as a void order on just two grounds: because "the orde... | Party Submissions | 6.352418 | 6.453911 | 7.000484 |
RLB now disputes whether and under what conditions section 272.001 may be contractually waived. But RLB offers three contradictory arguments. | Party Submissions | 21.791147 | 25.929428 | 29.58321 |
This case involves seven oil and gas leases. 4CR5086-87; 6CR8176-83. Hooks involved three leases. 4CR5458-59. Different owners of undivided interests in one tract (Tract 4) granted Samson four different “Tract 4/14” Leases that covered their interests. Three leases were from Bordages case owners: Leases H, I, and K (1C... | Party Submissions | 12.99321 | 12.932473 | 13.776738 |
In Signal Int’l Texas L.P. v. Orange Cty., Texas, No. 09-13-00412-CV, 2014 WL 7183667, at *5 (Tex. App.—Beaumont Dec. 18, 2014, pet. denied), the Ninth Court of Appeals declined to apply the contract-law principle of mutual mistake to an agreement under § 1.111(e). | Party Submissions | 4.675292 | 5.422834 | 5.034247 |
To provide that an individual who uses marijuana in compliance with State law may not be denied occupancy of federally assisted housing, and for other purposes. | Legislation | 7.043193 | 6.024899 | 7.621117 |
To require the Secretary of the Treasury to instruct the United States Executive Directors at the international financial institutions to advocate opposition to projects that make use of forced labor. | Legislation | 7.448222 | 6.362896 | 11.699367 |
Samson asserted in rebuttal that it is not collaterally estopped because this case involves a question of law, then agreed with Justice Young that an exception for a case with “a non-party” applies here – apparently under RESTATEMENT (SECOND) OF JUDGMENTS §29(7) (1982). Though this Court has not specifically cited that... | Party Submissions | 9.420141 | 9.557825 | 10.189544 |
At trial, trial counsel for Intervenors began questioning and called A.S., mother of R.W., to testify. 3 RR 14. A.S. agreed that she had other children but did not have custody of them. 3 RR 14-18. When asked, A.S. agreed that in December 2021, she had tested positive on a hair follicle test for methamphetamines and op... | Party Submissions | 7.618813 | 7.004576 | 7.804752 |
She also offers a vague statement about going up the chain of command but does not state any corresponding breach. (CR.844) The statement is wholly unexplained, rendering it insufficient. Similarly, the generic sentence, “life-threatening situations, such as cardiac and respiratory distress must be prevented” does not ... | Party Submissions | 13.082039 | 15.59869 | 14.278969 |
In Briggs, Toyota relied upon the affidavit of a regional claims manager, Dale Wimer. Wimer's affidavit referenced an agreement along with a slew of conclusory statements, but no actual agreement, just as Bay has done in this case. Id at 284-85. *18 Thus, David Carlin's affidavit likewise fails to satisfy the statute's... | Party Submissions | 16.064358 | 17.300142 | 18.653433 |
The sole question before this Court is whether a district court must stay its proceedings while the interlocutory appeal on arbitrability is ongoing. The answer is yes. | Party Submissions | 10.690025 | 11.079373 | 12.226007 |
In sum, only after the party seeking to enforce a forum-selection clause meets its burden on the threshold issues—including the clause’s applicability to the claims at issue—does the burden then shift to the other party to demonstrate a reason why the clause should not be enforced. E.g., Harris Corp., 2013 WL 2631700, ... | Party Submissions | 7.312999 | 7.321306 | 7.668649 |
While not reached by the intermediate court, the reports also failed to adequately set out standard of care and breach. “Identifying the standard of care is critical: Whether a defendant breached his or her duty to a patient cannot be determined absent specific information about what the defendant should have done diff... | Party Submissions | 10.301192 | 13.963936 | 12.843745 |
I hereby certify that on November 6, 2023, a true and correct copy of the foregoing letter 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 | 4.666585 | 6.764343 | 7.078383 |
Tribunal does not have to review all of the measures in dispute in this arbitration, when assessing the existence of the “ same measures. ” 81 104. The Respondent’s “all or nothing approach” is therefore inapplicable in the present circumstances, given t he Respondent’s acknowledgment that this Tribunal has several mor... | Party Submissions | 15.321881 | 14.148737 | 16.04149 |
Specified Date Benefit. If the Participant has established one or more Specified Date Accounts, he or she shall be entitled to a Specified Date Benefit with respect to each such Specified Date Account. The Specified Date Benefit shall be equal to the vested portion of the Specified Date Account, based on the value of t... | Contract | 4.169125 | 3.928207 | 4.767519 |
There are two appellate decisions on essentially the same facts: The first is the decision below, Wilbarger Cty. Appraisal Dist. v. Oncor Electric Delivery Co. NTU, LLC, 660 S.W.3d 760 (Tex. App. – Amarillo 2022, pet. pending), which in all respects holds for Wilbarger CAD’s position. Unfortunately, the other, Oncor v.... | Party Submissions | 5.751312 | 5.670272 | 6.014197 |
It simply could not be clearer. If the Legislature cannot limit the power of an agency with this language that is this positive and direct, then it simply cannot be done. | Party Submissions | 18.80605 | 21.160524 | 23.784378 |
Trial Court Disposition: The 125th Judicial District Court of Harris County, Texas; the Honorable Kyle Carter, presiding, denied MVP’s plea in abatement as well as a later-filed motion for reconsideration. R.0725, R.05802 (App. C to Relator’s Pet.). | Party Submissions | 10.103093 | 12.860038 | 12.112569 |
In arguing otherwise, Dr. Castillo and BSA relied exclusively on the only outlier, Tenet Hospitals, Ltd. V. De La Riva, 351 S.W.3d 398, 406-07 (Tex. App. – El Paso 2011, no pet.). De La Riva, like this case, involved a birth injury claim against a hospital and obstetrician. 351 S.W.3d 398. The plaintiff offered expert ... | Party Submissions | 4.038028 | 4.467937 | 4.281235 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.