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The Court of Appeals did not address the volume of information presented by Petitioners to demonstrate that those omissions did not render the program false. Op. | Party Submissions | 28.596298 | 30.74629 | 35.628838 |
National Archives (to the extent that documents in the National Archives originated from USTR or the State Department) by November 27, 2023. | Legal Decisions | 12.524337 | 15.401379 | 19.86112 |
Justice Devine here would likewise be entitled to cure signature defects. He filed his application nearly a month before the statutory deadline. Ex.C. Chairman Rinaldi accepted the application on December 1, 2023. Ex.C. Understandably, Rinaldi did not identify that some of Justice Devine’s signers had, at least faciall... | Party Submissions | 9.638814 | 9.378316 | 10.771791 |
Liberty incorrectly argues that all it had to do was plead “the contract was signed by the mayor and therefore properly executed.” The only authority Liberty cites for this proposition is the Court of Appeals opinion in this very case. A city “may contract only upon express authorization of the city council. .. by vote... | Party Submissions | 8.116504 | 8.78288 | 8.776295 |
We conclude that RLB and McCarthy contractually waived their respective rights under section 272.001 to void the forum-selection clause and the trial court abused its discretion in concluding otherwise. We must now determine whether MVP has an adequate remedy by appeal. | Party Submissions | 11.775132 | 14.447681 | 16.858671 |
It would be good if you could describe this process for registration and how long it takes to obtain registrations ?736 520. Ms Jensen replied on 12 June 2013: The attached regulations for registration and reporting when fishing in waters outside any state’s fisheries jurisdiction are sent for information. | Legal Decisions | 32.266895 | 31.968086 | 35.958717 |
For example, while both providers generally alleged that the reports were deficient as to causation, neither objected to the reports ’ discussion of foreseeability at any stage. The Court of Appeals, though, raised the objection sua sponte to find the reports deficient on this issue. See Walker, 2022 WL 17324338, at *5... | Party Submissions | 13.062988 | 12.233491 | 13.231383 |
The point is that Willacy created an exception to the finality of § 1.111(e) agreements for fraud and for fraud only. Of course, there will be an exception for fraud. How could there not be an exception for fraud? But, this Court did not make a judicial exception to the explicit legislative finality of § 1.111(e) agree... | Party Submissions | 8.693484 | 7.996301 | 9.042076 |
Aside from the Contract, Liberty claims that it is “obligated—by its permit and simple plumbing realities—to provide treatment to wastewater reaching its WWTP, including Ames’s flows exceeding the TAV.” Liberty’s Response at 14-15. However, there is nothing in Section 26.121 of the Texas Water Code (general prohibition... | Party Submissions | 10.768422 | 9.915249 | 11.102002 |
The court of appeals below opined correctly. The agreement of the parties pursuant to TEX. TAX CODE § 1.111(e) is final and not subject to review save for fraud. | Party Submissions | 11.594917 | 12.816456 | 13.912354 |
West Headnotes (1) [1] Workers' Compensation Remand in General In employee's direct action against employer alleging bad faith denial of reasonable and timely workers' compensation benefits, Supreme Court would grant employee's petition for review of affirmance of summary judgment for employer and would remand for appr... | Party Submissions | 14.159123 | 12.770441 | 13.08028 |
GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS; COLLIN COUNTY, TEXAS, AND CITY OF FRISCO, TEXAS, Appellees On Appeal from the 219th Judicial District Court, Collin County, Texas Trial Court Cause No. 219-02595-2020. Opinion delivered by Justice Pedersen, III. Justices Goldstein and Rosenberg pa... | Party Submissions | 3.446253 | 4.478031 | 4.94076 |
The Legislature can rectify a mistaken judicial interpretation, and if it does not do so, there is little reason for courts to reconsider a prior statutory construction. Id .... [U]nless the Supreme Court has overruled its decision or the Legislature has superseded it by statute, [an intermediate appellate] court is bo... | Party Submissions | 8.154589 | 8.75327 | 8.661431 |
Both section 31.004(a) and section 24.008 cover more than just res judicata. Section 31.004(a) explicitly goes beyond prohibiting giving “res judicata” effect to lower court decisions by also prohibiting them from having effect as “estoppel by judgment”—i.e., “collateral estoppel.” Avila v. St. Luke’s Lutheran Hosp., 9... | Party Submissions | 4.911246 | 5.253634 | 5.036213 |
Notably, “endangerment under subsection (D) focuses on evidence related to the child’s environment.” In the Interest of V.A., 598 S.W.3d 317, 329 (Tex. App. —Houston [14th Dist.] 2020, no pet. h.). “Environment refers to the acceptability of living conditions, as well as a parent’s conduct in the home.” Id. “A child is... | Party Submissions | 4.742224 | 5.036838 | 5.168136 |
Texas Rule of Evidence 702 requires experts to be “qualified by knowledge, skill, experience, training, or education” to offer testimony. TEX. R. EVID. 702; see also Broders v. Heise, 924 S.W.2d 148, 153 (Tex. 1996). And, although the Walkers are correct that rules about expert qualifications should not be interpreted ... | Party Submissions | 4.631329 | 4.777434 | 4.774784 |
Contrary to HSMiller’s assertions, this case does not involve an intellectual dilemma for trial judges in legal malpractice cases. It does not require the Court to revisit its writings on incidental instructions or consider a new twist to what might be “incidental.” There is no 6 dilemma here, only an abuse of discreti... | Party Submissions | 13.915406 | 13.530499 | 15.010422 |
The distinct characteristics of Rafiei’s case set it apart from this Court’s jurisprudence on prohibitive arbitration costs. Rafiei’s case presents compelling evidence that the arbitration agreement he entered into is unconscionable due to the potential prohibitive costs associated with the arbitration process. Unlike ... | Party Submissions | 8.698645 | 8.651826 | 9.344319 |
This Court has been clear that in defamation-by-gist cases, the “potential chilling effect [on speech] is especially strong.” Dallas Morning News, Inc. v. Tatum, 554 S.W.3d 614, 632 (Tex. 2018). The appellate court committed two errors in applying that complex doctrine by (1) creating an endorsement exception to the th... | Party Submissions | 10.270462 | 10.658038 | 11.136606 |
Article 1 The information that is required to be automatically exchanged pursuant to Part XX of Income Tax Act, as added by Section 78(1) of the Budget Implementation Act, 2023, No 1, and the Multilateral Competent Authority Agreement on automatic exchange of information on income derived through digital platforms (‘DP... | Legislation | 5.343817 | 5.143191 | 5.171105 |
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. | Legal Decisions | 11.485278 | 10.376781 | 11.849436 |
Both parties rely on Loya v. Loya, 473 S.W.3d 362, 364 (Tex. App.—Houston [14th Dist] 2015), rev’d on other grounds, 526 S.W.3d 448 (Tex. 2017), which is the most recent Texas Supreme Court opinion discussing adiscretionary bonus received by aspouse post-divorce. | Party Submissions | 5.504387 | 5.792528 | 5.858214 |
While this Court has never directly addressed a negligent undertaking in the context of either a public pool or an artificial condition, the logical extension of Wilson suggests that the City negligently undertook a duty to make Buttercup pool safe according to the Mandatory Safety Rule. Wilson, 8 S.W.3d at 636. The co... | Party Submissions | 9.427371 | 9.594152 | 9.705868 |
Texas Bar No. 24058017 TNesloney@edlaw.com Darryl W. Pruett Texas Bar No. 00784795 DPruett@edlaw.com 4201 W. Parmer Lane, Suite A100 Austin, Texas 78727 (512) 476-9944 (512) 472-2599 fax I certify that based on a word count run on Microsoft Word 365, this Reply contains 2,320 words, excluding the portions exempt from t... | Party Submissions | 5.401112 | 7.0826 | 7.102036 |
Any and all documents based on which the company Selfnest doo was inscribed as an owner of a part of a former land plot No. 39/1 CM Stari grad (Claimants understand that the land plot was renumbered, and its borders changed recently). | Legal Decisions | 50.656845 | 51.0672 | 60.633667 |
Under Delaware law, as summarized in CKC’s petition, a material personal benefit must be alleged only in the absence of self-dealing. PFR at 16-17. The cases cited by the majority opinion fall within category 3 of Delaware’s demand-futility rubric, governing directors or managers who are insufficiently “independent.” S... | Party Submissions | 16.566807 | 15.780079 | 17.839186 |
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 | 6.094868 | 5.922526 | 6.12571 |
Unless and until such time as Shares are issued in settlement of vested Performance Share Units, the Participant shall have no ownership of the Shares allocated to the Performance Share Units and, subject to the provisions of Section 7, shall have no rights as a shareholder with respect to such Shares. Upon settlement,... | Contract | 3.227843 | 3.609975 | 3.474357 |
To speed up the deployment of electricity transmission and clean energy, with proper input from affected communities, and for other purposes. | Legislation | 36.84754 | 29.194666 | 32.883076 |
Indeed, the court of appeals did not consider the undisputed evidence when it errantly decided this based solely on Tostado’s allegations. Op. | Party Submissions | 24.959913 | 26.65285 | 28.100895 |
The United States objects to Request No. 3.h for the same reasons stated above with respect to Request No. 3.a. | Legal Decisions | 9.011099 | 13.992557 | 15.441607 |
As the lower court acknowledged, sections 25.25(g) and 42.21(b) “seem to be in conflict.” See Appendix J to Oncor’s Brief at 766. To the extent they do, this Court should resolve the conflict in accordance with established rules of statutory construction. The more specific provision in section 25.25(g) should control. ... | Party Submissions | 5.495711 | 5.844324 | 5.933273 |
To require the Secretary of Energy to conduct a study and submit a report on the greenhouse gas emissions intensity of certain products produced in the United States and in certain foreign countries, and for other purposes. | Legislation | 5.04068 | 4.601257 | 5.255618 |
However, the day after filing its omnibus response, Galovelho also filed its Second Amended Petition, which added allegations that the Emergency Orders were “ invalid because they are unconstitutional and illegal under Texas Law.” The pleading alleged equitable claims based on the Emergency Orders, including claims for... | Party Submissions | 7.912094 | 8.102428 | 8.527712 |
Termination. The Company, by action taken by its Board of Directors, may terminate the Plan and pay Participants and Beneficiaries their Account Balances in a single lump sum at any time, to the extent and in accordance with Treas. Reg. Section 1.409A-3(j)(4)(ix). If a Participating Employer terminates its participatio... | Contract | 4.877133 | 4.660209 | 5.649619 |
The SLSA requires a written contract between the staff leasing company and its client company and that written contract must provide that the leasing company “shares, as provided in Subsection (b), with the client company the right of direction and control over employees assigned to a client's worksite. Garza at 478. T... | Party Submissions | 12.195769 | 10.813388 | 12.445635 |
Under Texas law, there are only two exceptions to the requirement that each employer obtain its own insurance to avoid common law liability. One is the blanket statutory coverage under the Staff Leasing Services Act (“SLSA”). See TEX. LAB. CODE § 91, et seq. The other is a ROCIP under Texas Labor Code § 406.123. Both e... | Party Submissions | 10.209635 | 9.392747 | 11.198422 |
WHEREFORE, premises considered, Petitioners pray that the Court grant the Petition for Review, reverse the Court of Appeals and remand the case to the trial court for further proceedings, and that Petitioners have such other and further relief to which they may be justly entitled. | Party Submissions | 3.098897 | 4.650197 | 5.111219 |
HARMLESS TDCC FROM AND AGAINST, ANY AND ALL CLAIMS WHICH ARE MADE, ASSERTED OR ALLEGED AGAINST TDCC BY ANY ONE OR MORE UCC MEMBERS OR ANY OTHER PERSON, OR WHICH ARISE IN FAVOR OF ANY ONE OR MORE UCC MEMBERS OR ANY OTHER PERSON, ORIGINATING FROM ANY SOURCE IN CONNECTION WITH (a) TDCC ACTING AS AN AGENT OR DELEGATE FOR A... | Contract | 4.312409 | 3.797618 | 4.328479 |
Furthermore, it is doubtful at best that there was mutual mistake. The mistake happened when Oncor, or its predecessor, erroneously rendered miles of lines to Wilbarger CAD and then signed a settlement agreement with Wilbarger CAD to the effect that the values were accurate. Oncor made the mistake. Wilbarger CAD simply... | Party Submissions | 12.569267 | 15.305717 | 13.705845 |
Neither Wilson Plaintiffs’ participation in pre-trial proceedings nor their long-shot goal of obtaining offensive collateral estoppel on the Harpst judgment would trigger Taylor Privity Path 3. A simple reading of its plain language demonstrates that it is talking about formal legal representations, including class act... | Party Submissions | 13.155199 | 11.763436 | 14.259373 |
We sustain Bay's first issue. This requires us to consider whether summary judgment in favor of the Manns could be affirmed on any other basis. | Party Submissions | 18.20009 | 47.652134 | 55.47588 |
Respondent has conducted a reasonable search for the category of documents requested, and provides Claimant with the documents identified in the request that are in its possession, custody or control, as resulting from that search. | Legal Decisions | 12.293462 | 19.341578 | 15.236405 |
Berry Contracting, L.P. v. Mann, 549 S.W.3d 314 (2018) 4. Was Randy Mann in the course and scope of his employment at the time of his accident? | Party Submissions | 7.039799 | 6.720871 | 8.171048 |
En el caso de procedimiento de arbitraje el Tribunal determinará, salvo acuerdo contrario de las partes, los gastos en que estas hubieren incurrido en el procedimiento, y decidirá la forma de pago y la manera de distribución de tales gastos, de los honorarios y gastos de los miembros del Tribunal y de los derechos d... | Legal Decisions | 6.463492 | 9.107375 | 7.896973 |
The issue of expropriation 300. Article XI of Annex III of the Treaty, invoked by Claimant, provides: CONDITIONS FOR EXPROPRIATION Investments shall not be expropriated or nationalised either directly or indirectly through the application of measures equivalent to expropriation, except for reasons of public interest, i... | Legal Decisions | 6.182825 | 5.05581 | 6.67274 |
The City argued that there is no waiver under the TTCA for a premises liability claim that does not allege a physical defect in the property. City’s Reply Brief, p.16. Relying on Sampson, the court of appeals agreed, holding that the City’s failures were not an actionable premises liability claim. Delapena, 2022 WL 169... | Party Submissions | 7.547547 | 7.909855 | 8.697322 |
HN2 [ ] Burdens of Proof, Movant Persuasion & Proof When both parties move for summary judgment on the same issues and the trial court grants one motion and denies the other, a reviewing court examines the summary judgment evidence presented by both sides, determines all questions presented, and if reversing, renders s... | Party Submissions | 3.504646 | 4.409035 | 4.12569 |
After Mann filed suit against Bay for the injuries caused by Alvarez, Bay answered with a general denial and the affirmative defense of exhaustion of remedies. 22 To end the litigation against it, Bay then urged its own workers' compensation carrier to cover Mann's injuries and provide him benefits. 23 Prior to the und... | Party Submissions | 12.416101 | 11.553502 | 17.266354 |
While the Court of Appeals did not reach the issue, the providers also objected to both doctors’ qualifications to offer causation testimony. Citing judicial efficiency, this Court has exercised its discretionary authority to consider undecided issues when addressing the sufficiency of preliminary exert reports. See Ab... | Party Submissions | 8.59312 | 9.033302 | 9.171258 |
Marital Residence Wife contends the trial court abused its discretion by awarding Husband aone hundred percent separate property interest in the marital residence because the evidence indicated he gied her afty-percent interest as her separate property. Husband responds the evidence was sufcient to support the trial co... | Party Submissions | 12.29092 | 11.431443 | 11.900982 |
Separation from Service Benefit. A Participant who is entitled to receive a Separation from Service Benefit shall receive payment of his or her Retirement Account and each Separation from Service Account in a single lump sum, unless the Participant has elected on his or her Compensation Deferral Agreement to have an Ac... | Contract | 5.580848 | 5.515052 | 7.773268 |
See supra Part I.B. Market actors, as well as litigants and courts, will have to grapple with how to reconcile these decisions. Reported § 2301.467(a)(1) cases have been relatively infrequent, but this ruling risks an uptick in manufacturers/distributors imposing onerous new standards. And the infrequency of appellate ... | Party Submissions | 12.821163 | 12.254857 | 14.339621 |
Respondent takes note of Claimants' agreement to conduct a search for and to produce non-privileged documents that are responsive to this request. Respondent requests Claimants to provide a privilege log as explained in Respondent’s general comments above. | Legal Decisions | 10.838362 | 10.699582 | 12.767634 |
Berry Contracting, L.P. v. Mann, 549 S.W.3d 314 (2018) a certified self-insurer, the copy must be filed with the division. | Party Submissions | 12.567868 | 11.971361 | 15.008984 |
Galovelho argues that “ the only way a claim to the constitutionality of a statue, or actions thereunder, could be rendered moot is by some other declaration determining the statute or actions thereunder unconstitutional. ” It cites cases dealing largely with a plaintiff’s complaint about the defendant’s interpretation... | Party Submissions | 6.30343 | 6.838082 | 6.761828 |
Oncor attempts to distinguish Houston Cement by arguing that the “value of the inventory was a specific matter to which the agreements related,” citing Houston Cement at *3, Oncor’s Brief at 32. The alleged distinction is contrived. The value of the electric lines in question was “a specific matter to which the agreeme... | Party Submissions | 17.838007 | 21.695385 | 23.201502 |
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the documents from the Urban Planning Institute of Belgrade in accordance with the applicable regulations.265 In other words, the requested documents are "in the public domain and equally and effectively available to both parties".266 Respo... | Legal Decisions | 8.67601 | 9.1972 | 8.9737 |
Arbitration Rule 31 21.1. The Tribunal may convene, on its own initiative or if the Parties so request, case management conferences with the Parties in accordance with ICSID Arbitration Rule 31 in order to (i) identify uncontested facts (e.g., joint chronology of facts); (ii) clarify and narrow the issues in dispute (e... | Legal Decisions | 7.321343 | 7.647887 | 7.719406 |
That Walker has no pre-election recourse is his own fault. The Court in Kha-noyan noted the relators’ delay of three weeks between passage of the complained-of map and filing the lawsuit. Yet here, Walker waited 53 days—over twice as long as the relators in Khanoyan—from Justice Devine’s application to the filing of th... | Party Submissions | 18.923412 | 20.151054 | 21.142143 |
See Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796, 801–02 (Tex.1994) (stating to establish collateral estoppel, it is necessary that the party against whom the doctrine is asserted was a party or in privity with a party in the first action). Thus, the course and scope issue could be tried again in Smith County wi... | Party Submissions | 6.817756 | 9.390268 | 8.143816 |
To promote space situational awareness and space traffic coordination and to modify the functions and leadership of the Office of Space Commerce, and for other purposes. | Legislation | 12.065433 | 10.662614 | 13.563283 |
To amend the Consumer Product Safety Act to strike provisions relating to the maximum civil penalties for violations of product safety standards. | Legislation | 8.620973 | 6.965145 | 8.925964 |
Barina has no meaningful response to these facts. First, Barina denies that she offered to end the guardianship proceedings in exchange for a portion of Thrash’s estate. Resp. Br. at 29, citing CR1:911 at 32:40. Her self-serving denial is unpersuasive. | Party Submissions | 12.850095 | 16.486277 | 15.918319 |
The United States objects to Request No. 2.a. Claimants have not established that the requested documents are relevant to the U.S. preliminary objection or material to its outcome. | Legal Decisions | 17.028614 | 17.520935 | 19.822111 |
The following analysis is ultimately unnecessary and any opinion by a court on the matter would be advisory, as Weatherford has failed to meet its burden to show jurisdiction over a SWDA claim against Midland; however, we address Weatherford’s contentions regarding the Court’s precedent to show there are no inconsisten... | Party Submissions | 11.931591 | 15.05973 | 14.500828 |
Subcontractor agrees to promptly make good without cost to the Owner or McCarthy any and all defects due to faulty workmanship and/or materials which may appear within the guarantee or warranty period so established in the Contract Documents, and if no such period be stipulated in the Contract Documents, then such guar... | Party Submissions | 6.137283 | 5.509247 | 6.495163 |
Bonus “A premium paid in addition to what is due or expected; esp., a payment by way of division of a business's profits, given over and above normal compensation <year-end bonus>.” Bonus, Black's Law Dictionary (11th ed. 2019). | Party Submissions | 12.41152 | 11.780493 | 14.123173 |
Further, Respondents failed to address Petitioners’ point that the court of appeals failed to apply the correct summary judgment standard. Specifically, the court of appeals failed to consider all evidence favorable to Petitioners as true, committing an error of law of substantial importance to Texas. In fact, Responde... | Party Submissions | 10.465386 | 10.479923 | 10.1531 |
On 1 April, the EU sent a letter to NEAFC and all delegation leaders informing them that an EU vessel intends to conduct experimental fishing for snow crab and red king crab in parts of the Smutthullet in accordance with Recommendation 19:2015 (recommendation related to the protection of vulnerable marine ecosystems in... | Legal Decisions | 8.374954 | 7.323232 | 8.291339 |
Naba’a, an owner of Sargeant, and/or members of his family. Id at 181. This personal dislike is reflected in Respondent’s own decision to file a suit against not only Sargeant, but Mr. Abu Naba’a personally, in the Dominican Republic’s local administrative courts. See Claimant’s Memorial ¶ 102. Respondent’s Memorial ma... | Legal Decisions | 7.242801 | 7.453052 | 7.759432 |
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 |
By 15:25, H.W.’s non-reassuring fetal heartrate pattern was Category II-III, with minimal variability, inadequate accelerations (less than 15 minutes above baseline for longer than 15 seconds), and recurrent decelerations. App. 7, CR 668-69. In response, Dr. Castillo should have ordered uterine resuscitative measures a... | Party Submissions | 6.993574 | 7.622967 | 6.945244 |
The tenant’s claim in Kemp did not fail because of anything that occurred in the forcible entry and retainer action itself. Thus, there is no conflict between the result in Kemp and Texas law on the division of authority between the district courts and the justice of the peace courts, or the proper dividing line betwee... | Party Submissions | 9.95514 | 11.660058 | 10.514892 |
By mistakenly relying on Thompson, not only did the Court of Appeals effectively review the trial court’s ruling de novo, but it also went as far as to identify supposed deficiencies that neither BSA nor Dr. Castillo raised at any stage of the litigation. | Party Submissions | 14.050963 | 13.810609 | 15.702013 |
For column 4: Indicate the approach: Eradication or Containment. Please, include as many rows as necessary, depending on the number of DA per pest and the approaches these areas are subject to. | Legislation | 34.20888 | 44.592457 | 49.071613 |
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY'S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT. | Party Submissions | 3.830252 | 4.372088 | 4.322567 |
Section 4.03. Successors and Assigns; Parties in Interest. Neither this Agreement nor any of the rights or obligations under this Agreement shall be assigned, in whole or in part, by any Party without the prior written consent of the other Party (in the case of the Company, with such assignment or such consent to assig... | Contract | 2.829917 | 2.750739 | 3.372851 |
B, V, U : The request is unduly burdensome as it covers a period of 50 years. Respondent cannot reasonably be bound to produce all documents from this time period that relate to the Dunavska Plots. The request is also unduly broad and vague in that it captures all notes prepared in the course of conducting a geometric ... | Legal Decisions | 11.916268 | 13.334859 | 12.260933 |
The Arbitral Tribunal considers that the documents sought under this request are included in Request 3.a and no decision is therefore made. | Legal Decisions | 26.068045 | 30.948666 | 38.062782 |
The United States objects to Request No. 1.j for the same reasons stated above with respect to Request No. 1.a. | Legal Decisions | 9.167935 | 13.633328 | 15.608652 |
Wyatt v. Shaw Plumbing Co., 760 S.W.2d 245, 248 (Tex.1988). The court with the first-filed suit should proceed, and the other suit should be abated. See id. This rule applies when both courts are proper forums for the suit. See id. | Party Submissions | 6.121483 | 7.200235 | 7.957873 |
In sum, homebuyers like Rafiei should not, in equity and good conscience, be tethered to such a disproportionate and skewed agreement. III. Standard for Finding Arbitration Unconscionable While arbitration agreements are usually enforceable, Rafiei has presented the trial court with evidence that this arbitration agree... | Party Submissions | 7.950553 | 8.503985 | 9.051168 |
Attorneys for Petitioner Westwood Motorcars, LLC 1. This brief in reply complies with the type-volume limitation of TEX. R. APP. P. 9.4(i)(2)(C) because it contains 6,393 words, excluding the parts of the petition exempted by TEX. R. APP. P. 9 .4(i)(l). | Party Submissions | 5.627812 | 6.166139 | 9.823965 |
Bustamante also discussed the evidentiary “equal-inference rule,” confirming that a claimant must exclude other plausible causes of an injury with reasonable certainty, but only when presented with evidence that other plausible causes exist. See Bustamante, 529 S.W.3d at 456-57. Even under a sufficiency review, however... | Party Submissions | 7.509541 | 8.700028 | 8.458674 |
IV. Assuming Bay Satisfied Section 406.123, no case holds that a ROCIP participant can apply the exclusive remedies doctrine outside the scope of the terms of the ROCIP itself. | Party Submissions | 42.483982 | 47.73558 | 52.195984 |
Under any of these provisions, Bay, Ltd. could recover under a passive receipts theory of recovery, which the Court should adopt expressly. | Party Submissions | 38.689625 | 44.08719 | 71.0206 |
When construing a statute, courts use the ordinary meaning of terms unless the Legislature provided a definition. Tex. Gov't Code Ann. § 311.011 (West 2013). And the ultimate goal in any statutory construction is to give effect to the intent of the Legislature to the greatest degree possible. Tex. Gov't Code Ann. § 311... | Party Submissions | 2.967258 | 3.507507 | 3.245067 |
That is exactly the problem with Dr. Tappan’s report. True, he established he has extensive experience managing pregnancies and deliveries, including difficult deliveries. (CR.663). But “nowhere does his [report or] curriculum vitae indicate he has any experience, training or education in the field of [pediatric] neuro... | Party Submissions | 10.338131 | 11.109969 | 11.562958 |
Perhaps Walker could advance other interests that the Code’s signature requirement advances; perhaps he could demonstrate that those interests outweigh the heavy burdens that enforcing them through removing Justice Devine from the ballot would impose. But the point, just as in Brady, is more fundamental: a court may no... | Party Submissions | 12.13258 | 16.181864 | 14.156864 |
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE ... | Party Submissions | 3.022759 | 2.897692 | 3.015569 |
Amerigo, Inc., No. 10-05-00041-CV, 2006 WL 22213, at *2 (Tex. App.—Waco Jan. 4, 2006, no pet.) (mem. op.). Yellowfin has acknowledged as much. 1CR216 (“ Yellowfin’s Note is not ‘ secured by ’ anything and has not been since the November 6, 2007 foreclosure sale. ”). | Party Submissions | 8.234325 | 8.49171 | 9.805809 |
To start, the purported signature failures were outside of Justice Devine’s knowledge and control. For nearly three weeks—between when Justice Devine filed his application and Relator filed his—Relator himself is the only person who could have spotted the alleged defects. Justice Devine did everything right. He collect... | Party Submissions | 13.361382 | 12.565034 | 14.112654 |
This Agreement is intended not to result in the imposition of any Section 409A Penalty and shall be administered, interpreted and construed in a manner consistent with such intent. For purposes of Section 409A, each installment in a series of payments shall be treated as a separate payment. | Contract | 3.679543 | 4.243711 | 4.365204 |
The so-called “emergency” is entirely of Relator’s own making. He could have sought judicial relief as early as November 15, 2023, but he instead waited until December 27, 2023, to contact Respondent Rinaldi. He then waited another full week before filing this proceeding—skipping every other court. “Although mandamus i... | Party Submissions | 4.981601 | 5.782972 | 5.408154 |
Further, Oncor’s attempted distinction between the unit appraisals that are applied to power lines and other appraisals is artificial. If jurisdiction exists to litigate the intentions of parties and thought processes behind the agreements in this case, there is no legal distinction for such jurisdiction not existing i... | Party Submissions | 16.859247 | 17.246168 | 18.251678 |
Account Balance. Account Balance means, with respect to any Account, the total payment obligation owed to a Participant from such Account as of the most recent Valuation Date. | Contract | 7.341578 | 7.460939 | 9.541674 |
General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy. If Excess or Umbrella Policies are used, coverage must be on a follow-form basis. Coverage under such policies sh... | Party Submissions | 6.558612 | 7.032157 | 7.05301 |
In the demarcated areas, the competent authorities shall carry out intensive annual surveys, as referred to in Article 19(1) of Regulation (EU) 2016/2031, to detect the presence of the specified pest, taking into account the information referred to in the Authority’s pest survey card. | Legislation | 8.57974 | 7.370755 | 8.574861 |
The requested Documents are relevant and material to the outcome of the dispute in that they address (i) the expectations of the Cypriot Claimants as regards the possible use and development of the Dunavska Plots by Obnova, and (ii) the Cypriot Claimants' knowledge at the time of making the investment regarding the pos... | Legal Decisions | 12.522706 | 14.646125 | 13.182898 |
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