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Assuming without deciding that the Investment Agreement had a term of 25 years as argued by Respondent (see Respondent’s Opening Presentation, slide 13), why and on what legal basis has Respondent allowed CALICA to continue its operations under the Investment Agreement after the expiry of that period? | Party Submissions | 11.674022 | 10.185708 | 12.908018 |
In its motion for summary judgment in the trial court, Sonic argued that section 406.075 had not been satisfied when it made payments to Cochran and, therefore, no remedy was obtained in Alabama until the judgment was entered and section 406.075 could not bar its reimbursement [**3] claim. Sonic also argued that there ... | Party Submissions | 7.331944 | 7.326838 | 7.455908 |
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 6,380 words, excluding the parts of the petition exempted by TEX. R. APP. P. 9 .4(i)(l). | Party Submissions | 5.645999 | 6.168315 | 9.813123 |
As the Cypriot Claimants claim that Mr Obradović and Mr Rand relied on the 2003 RP in their expectation to develop the Dunavska Plots, the requested documents (serving as the basis for such reliance) are in the Cypriot Claimants' possession, custody or control. | Legal Decisions | 18.770016 | 20.320492 | 24.103672 |
January 20, 2017 to the present, National Archives (to the extent that documents in the National Archives originated from USTR or the State Department) by November 27, 2023. | Legal Decisions | 12.068502 | 11.844861 | 15.582259 |
Further, the El Paso court was wrong to suggest that World Car invited an exclusive focus on the dealer agreement. App. G at 19. World Car simply argued that HMA imposed a specific consequence for World Car’s failure to be 100% sales efficient (treating World Car as in material breach of the dealer agreement), and that... | Party Submissions | 16.192656 | 16.764982 | 18.934185 |
Whether Flaven was a proper RTP depended on the suit the BNC Sellers brought, the facts they alleged, and the damages they claimed. They sued HSMiller and its agent Defterios in tort for fraud and negligent misrepresentation and alleged damages based in tort. | Party Submissions | 37.81249 | 36.658016 | 51.572807 |
This Court rejects holdings that attempt to silently overrule or deviate from its previous reasoned opinions. See, e.g., Nazari v. State, 561 S.W.3d 495, 506 (Tex. | Party Submissions | 9.284991 | 11.756083 | 10.445404 |
Ammonite asks for reversal and remand on the ground that “the Commission never reached or decided” whether “EOG’s existing wells could be extended or reworked in the future and thereby produce hydrocarbons from the riverbed tracts.” Letter at 1. That is no basis for reversal or remand. Ammonite did not propose such a t... | Party Submissions | 8.455266 | 8.715256 | 8.831229 |
Making emergency supplemental appropriations to respond to the attacks in Israel for the fiscal year ending September 30, 2024, and for other purposes. | Legislation | 8.237205 | 7.116365 | 8.347398 |
The City’s duty to deny access to Catiana and High Hopes arose because it became subjectively aware of an unreasonable risk of harm. Unnegated evidence in the record establishes that “the lifeguard supervisor on site stated that they had to [sic] many children” and “took photos and 8 The court of appeals also alluded t... | Party Submissions | 16.969868 | 16.958971 | 18.058262 |
The United States objects to Request No. 3.c for the same reasons stated above with respect to Request No. 3.a. | Legal Decisions | 8.143477 | 12.339021 | 14.069344 |
Nor was the Seventh Court in error by stating that an event that happened six or more hours before the injury was “too attenuated” to the eventual harm. Baptist St. Anthony’s Hosp., 2022 WL 17324338, at *4. The court’s point was that the event was not connected to the harm. Specifically, no expert explained why the nur... | Party Submissions | 8.679484 | 8.906312 | 9.563774 |
Fundamentally, like this Court’s opinion in Zamarripa, there is no showing that the nurses could have taken the actions Dr. Tappan assigned to them when the treating physician was highly involved in the labor and delivery course and giving the medication and other orders. See Zamarripa, 526 S.W.3d at 461. The courts ar... | Party Submissions | 9.031558 | 9.065715 | 9.760656 |
For the avoidance of any doubt, Claimants also reiterate their general objection to production of any documents covered by privilege under the legal or ethical rules. | Legal Decisions | 15.151161 | 16.802433 | 21.443403 |
This is crucial because even if Rafiei wished to arbitrate threshold issues concerning the arbitration agreement, according to the arbitration agreement and the fee schedule he would be required to pay an Initial Filing Fee of $3,250, a Final Fee of $2,500, all of his own costs and expenses, including attorneys’ fees a... | Party Submissions | 8.391952 | 10.133255 | 9.723883 |
At the designation stage the trial court can still deny the motion for leave if the defendant cannot plead a violation of a legal standard or duty. See TEX. CIV. PRAC. & REM. CODE § 33.004(g)(2). So, while RTP designations are governed by the “fair-notice pleading standard,” see In re YRC Inc., 646 S.W.3d 805, 809-10 (... | Party Submissions | 4.756226 | 4.738745 | 5.151726 |
Claimant its receivables, even at the reduced values resulting from the measures.901 Even after the construction of the FONINVEMEM plants, Argentina did not respect or reinstate the principles set forth in the Electricity Law, as promised, and granted itself the right to increase its stock share in the FONINVEMEM plant... | Legal Decisions | 9.213691 | 8.585716 | 10.051586 |
The United States objects to Request No. 1.b for the same reasons stated above with respect to Request No. 1.a. | Legal Decisions | 7.583667 | 11.990026 | 12.516125 |
Memorial, paras. 92-96 Counter-Memorial, paras. 364-380, 398-403 Kalemegdan was registered in the Cypriot corporate register on 23 March 2012. According to Claimants, on 26 April 2012, Mr Obradović, acting upon Mr Rand's instruction, contributed his shares in Obnova and in four other Serbian companies to Kalemegdan, o... | Legal Decisions | 8.023359 | 8.531207 | 8.027198 |
To ensure that a declaration for a major disaster or emergency is made on a timely basis, rural areas receive assistance, and for other purposes. | Legislation | 16.661722 | 15.439534 | 19.711014 |
Claimants note that Serbia’ s objections relate to the lack of a specific time period and the fact that the request was not limited to documents related to the rezoning for residential purposes of the land plot located directly across the street from Obnova’s premises at Dunavska 17 -19 and Dunavska 23. Claimants have ... | Legal Decisions | 16.915295 | 16.818748 | 18.696327 |
Under Cockerham, parol evidence may establish lack of intent to gift. Id. To the contrary, the First District Court of Appeals has held that parol evidence is not admissible to rebut the gift presumption creating an irrebuttable presumption of gift in such deed. Raymond v. Raymond, 190 S.W.3d 77, 79 (Tex. App. – Housto... | Party Submissions | 6.311329 | 7.092347 | 7.03213 |
Archives originated from USTR or the State Department) that contain information regarding the U.S. position in the NAFTA renegotiation/USMCA negotiation and do not contain “any reference to positions of other parties or agreed text.” • Claimants request that the Tribunal order Respondent to produce responsive documents... | Legal Decisions | 5.65271 | 6.132845 | 6.086117 |
Bay alleges that Mann was covered by two separate, complementary workers' compensation policies. One policy was a “rolling owner controlled insurance program” that was procured by Valero (the “ROCIP policy”). 1 The ROCIP policy covered *319 the refinery and was designed to provide blanket workers' compensation coverage... | Party Submissions | 13.230731 | 13.180286 | 15.634985 |
To amend title 31, United States Code, to prohibit the misrepresentation and receipt of a false obligation to the Government, and for other purposes. | Legislation | 7.605093 | 6.889081 | 7.824521 |
What are the implications, if any, of the fact that Respondent brought its jurisdictional objection based on the supersession of NAFTA by the USMCA together with its Counter-Memorial on the Ancillary Claim of 19 December 2022 (see Counter-Memorial on Ancillary Claim, ¶ 407 et seq.)? | Party Submissions | 8.710803 | 8.417073 | 9.300013 |
All past due royalties (including any compensatory royalties payable under Paragraph VI.B) shall be subject to a Late Charge based on the amount due and calculated at the maximum rate allowed by law commencing on the day after the last day on which such monthly royalty payment could have been timely made and for every ... | Party Submissions | 7.377473 | 7.716916 | 7.916716 |
To amend title XI of the Social Security Act to require the Center for Medicare and Medicaid Innovation to test a model to improve access to specialty health services for certain Medicare and Medicaid beneficiaries. | Legislation | 4.561616 | 3.978542 | 3.914954 |
Respondent Rafiei respectfully requests that the Court uphold the trial court’s order denying Petitioner’s Motion to Compel Arbitration and grant Respondent all other appropriate relief. | Party Submissions | 7.235045 | 8.674316 | 8.48788 |
For the reasons explained in Oncor’s initial brief and this one, petitioner respectfully requests this Court—either through a per curiam opinion or after oral argument—reverse the judgment of the court of appeals, render judgment that the district court has jurisdiction to decide the merits of Oncor’s claims, and reman... | Party Submissions | 5.992558 | 6.726288 | 8.039038 |
A similar analogy was made by the Brown court with respect to the community interest in contingent fees earned during marriage. | Party Submissions | 39.098984 | 49.030155 | 87.730644 |
This document is current through the 2023 Regular Session, the 1st C.S. and the 2nd C.S. of the 88th Legislature; and the 2023 ballot proposition contingencies to date. | Party Submissions | 8.685042 | 7.921706 | 8.740299 |
Dr. Castillo prays that this Court affirm the Court of Appeals’ opinion and judgment because the experts’ Chapter 74 reports (as amended) failed to address, factually, how and why Dr. Castillo’s alleged standard-of-care breaches proximately caused H.W.’s injuries. That result should be cemented if this Court addresses ... | Party Submissions | 13.560599 | 14.368062 | 14.673881 |
McCarthy from all claims and losses arising from professional services including negligent acts, errors or omissions of Subcontractor in the performance, nonperformance or failure to render professional services, including but not limited to design, design assist, inherent design, preconstruction services, design coord... | Party Submissions | 10.784259 | 9.267756 | 11.585734 |
Archives originated from USTR or the State Department) that contain information regarding the U.S. position in the NAFTA renegotiation/USMCA negotiation and do not contain “any reference to positions of other parties or agreed text.” • Claimants request that the Tribunal order Respondent to produce responsive documents... | Legal Decisions | 7.464463 | 7.692124 | 7.697765 |
The application to qualify for the income tax credits in the federal program consists of three parts, Parts 1, 2, and 3, which are submitted to and must be approved by the National Park Service (NPS). Part 1 requests that the historic building be deemed eligible for historic rehabilitation tax credits. Part 2 requires ... | Party Submissions | 7.981804 | 7.741743 | 9.063711 |
For these reasons, the evidence is conclusive that Wilson Plaintiffs did not mutually assent with the trial court to accept defensive collateral estoppel, and thus, there is no agreement, implied or otherwise, between Wilson Plaintiffs and the trial court to accept defensive collateral estoppel. | Party Submissions | 9.263791 | 8.775763 | 11.462229 |
To require the Secretary of Agriculture to establish and maintain a training program for Department of Agriculture personnel and third-party pro-viders on the rapidly evolving methodologies, science, and practices of biological soil health managagement systems on agricultural land, and for other purposes. | Legislation | 14.446813 | 14.099024 | 15.08186 |
A. The Appellate Court erred in its decision that this agreed judgment on attorney fees constituted a relinquishment of the right to appeal. | Party Submissions | 12.78747 | 13.580882 | 14.426285 |
Nature of the case: This is an accelerated interlocutory appeal concerning the sufficiency of preliminary expert reports under Texas Civil Practice and Remedies Code Chapter 74. Daniel and Kristen Walker, individually and as next friends of their minor son, H.W., filed a health care liability claim against obstetrician... | Party Submissions | 8.755794 | 9.621552 | 10.546225 |
Therefore, the documents are neither relevant to the case nor material to its outcome, based on Claimant's grounds for its request. In any event, Respondent has conducted a reasonable search of the requested category of documents, and other than the documents referred to in the objection below (Privilege), it does not ... | Legal Decisions | 10.595615 | 11.407528 | 11.788601 |
Executive shall be entitled to fringe benefits and perquisites (including but not limited to any applicable benefits related to health, dental, vision, life, disability, retirement, etc.) consistent with the practices of the Company and governing benefit plan requirements (including plan eligibility provisions), and to... | Contract | 7.169052 | 7.540076 | 8.679402 |
According to the Norwegian Food Safety Authority, it should also be okay to land live crabs at Norwegian reception centres. 742 526. Norway maintains that this email relates only to landing not harvesting of snow crab. That is true but the Tribunal does not consider that it put Mr Ankipov on notice that there might be ... | Legal Decisions | 14.072519 | 15.87534 | 16.36924 |
HSMiller is wrong. The instruction the malpractice trial judge gave — specifically the last two sentences of the instruction4 — incorrectly stated the law on a hotly disputed issue at trial. It was harmful and alone supports reversal of the case as the court of appeals held. | Party Submissions | 21.911749 | 29.14697 | 29.848928 |
In rebuttal, Samson announced a new “meaning” for the last sentence of XVII.C: that an unpaid Late Charge is a “ground for termination of the lease” under “the very next sentence,” so that failing to timely pay a Late Charge is grounds for the Lessor to “play the game of gotcha” and terminate the lease. This theory has... | Party Submissions | 11.153197 | 10.989743 | 11.682651 |
Whether a trial court has subject-matter jurisdiction over a case is a question of law that is reviewed de novo. Harris Cnty. v. Annab, 547 S.W.3d 609, 612 (Tex. 2018) (citing Tex. Dep’t of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004)). When reviewing a trial court’s grant of a Plea to the Jurisdictio... | Party Submissions | 3.134112 | 3.449976 | 3.599627 |
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SI... | Party Submissions | 3.509693 | 3.316582 | 4.007036 |
The Tribunal will refer to these costs as “ Legal and Other Costs ,” which the Tribunal understands include legal fees and expenses, expert and witness fees and expenses, travel expenses, bank fees, delivery fees, photocopying, support services, translation, research and other internal expenses. Under Clause 11.8 of th... | Legal Decisions | 9.946226 | 8.05505 | 10.111002 |
On October 8, 2015, Mann clocked in to work at 6:44 a.m. at a terminal on the side of Up River Road in Corpus Christi, Texas. Around 6:47 a.m., as Mann walked across the road, he was struck by a vehicle driven by Alvarez, also an employee of Bay. There are four different versions of what Mann was intending to do as he ... | Party Submissions | 7.500214 | 8.025447 | 8.163828 |
I agree with Judge McElhaney's 1 observations regarding the “substantial grounds for disagreement” standard, and courts should take these observations into account when deciding whether to grant a petition for permissive appeal. Nothing in this record, including Bay's petition, demonstrates a substantial ground for dis... | Party Submissions | 8.316233 | 8.686459 | 9.230861 |
Galovelho no longer faces the purportedly unconstitutional conduct about which it complains; any prospective declaratory relief we might grant cannot help it. See Williams, 52 S.W.3d at 184. Deciding Galovelho’s declaratory judgment claim would yield no more than an advisory opinion. The claim is moot. We overrule Gal ... | Party Submissions | 13.554787 | 15.491539 | 14.305309 |
In family law cases, the traditional sufciency standard of review overlaps with the abuse of discretion standard of review; therefore, legal and factual insufciency are not independent grounds of error but are relevant factors in our assessment of whether the trial court abused its discretion. Id. In reviewing the evid... | Party Submissions | 6.941773 | 8.756434 | 8.835195 |
December 19, 2013)(mem.op.); Poston v. Wachovia Mortg. Corp., No. 14-11-00485-CV, 2012 WL 1606340, at *2 (Tex. App.-Houston [14th Dist.] May 8, 2012, pet. denied) (mem. op.). | Party Submissions | 3.104462 | 4.555018 | 4.124786 |
Nicaragua’s asset freeze upon HSF.12 These were actions outside of Riverside’s control and all within Nicaragua’s control and dominion. Nicaragua caused the illiquidity and then relied upon it for this Application. In any event, Nicaragua’s accusations fail to meet the necessity requirements for the relief sought. Nica... | Party Submissions | 16.35198 | 18.935404 | 18.431108 |
The Lender agrees, on the terms and conditions stated in this Agreement, to make one advance to the Borrower (the “Advance”) on the date hereof in an aggregate principal amount not to exceed USD 1,543,400,000. The amount of the Advance outstanding from time to time under this Agreement is referred to as the “Loan.” Any... | Contract | 4.307553 | 3.624307 | 4.954464 |
The Company shall advise you of the percentage of Units earned for the Performance Period, which may be subject to further adjustment under Section 2(c), as soon as practicable following the Certification Date. All earned Units for the Performance Period shall be settled in accordance with Section 4 and any Units not e... | Contract | 4.755146 | 6.764153 | 6.127101 |
Differential diagnosis “is a clinical process whereby a doctor determines which of several potential diseases or injuries is causing the patient’s symptoms by ruling out possible causes— by comparing the patient’s symptoms to symptoms associated with known diseases, conducting physical examinations, collecting data on ... | Party Submissions | 7.441353 | 6.927956 | 8.045872 |
Parties in the Court of Appeals: The City was the appellant. Petitioners were appellees. The appeal was transferred to the Thirteenth Court of Appeals from the Third Court of Appeals. | Party Submissions | 7.0288 | 7.813402 | 7.949195 |
Petitioners seek this Court’s guidance on fundamental principles of Texas defamation law, including whether the third-party-allegation rule in Texas Civil Practice and Remedies Code Section 73.005(b) (“CPRC”) includes an unexpressed “endorsement” exception, how to apply the substantial-truth doctrine in defamation-by-g... | Party Submissions | 9.999175 | 9.586817 | 10.654022 |
C) The Tribunal’s analysis 427. Certain preliminary observations are necessary in order to properly analyze the arguments raised by the Parties regarding the Treaty obligation to ensure FET for investments and returns. It should be noted, in particular, that the Parties have stated radically opposite positions on the F... | Legal Decisions | 13.741189 | 13.399344 | 14.368422 |
The United States objects to Request No. 1.i for the same reasons stated above with respect to Request No. 1.a. | Legal Decisions | 8.963881 | 13.600171 | 15.68962 |
Delaware courts have also recognized that “self-dealing” covers a broad range of fiduciary misconduct, including attempts by directors to usurp corporate opportunities. See Halpin v. Riverstone Nat’l, Inc., No. CV 9796-VCG, 2015 WL 854724, at *3 (Del. Ch. Feb. 26, 2015). Under Delaware law, “self-dealing” has also been... | Party Submissions | 5.240118 | 5.335245 | 5.290136 |
The Walkers’ short argument about causation as to the BSA nurses remains untethered to their expert reports. At best the reports list a number of alleged failures of the BSA nurses and provide an unsupported conclusion of a suggestion of a possible mechanism of injury. This is insufficient. | Party Submissions | 31.453392 | 21.870409 | 40.793648 |
Svalbard Treaty in more detail later (see Section V.B(4), below). For the moment, however, the only question is whether this proposed redeployment alters the conclusion that North Star’s fishing vessels were not an investment in the territory of Norway. | Legal Decisions | 20.784481 | 24.30535 | 33.69691 |
In the end, even if one sees differently the issue’s importance (or other points like how this case will ultimately come out if “require” is properly applied), this Court’s intervention is needed. The legal errors below are so straightforward that they can easily be corrected, even by summary reversal. That would avoid... | Party Submissions | 20.053947 | 20.982685 | 21.127737 |
Weatherford goes on to misstate the Court of Appeals’ holding, completely ignoring that Court’s jurisdictional basis for affirming the Trial Court, and wrongly characterizing the Court of Appeals’ analysis as hinging on the domestic sewage exclusion. Brief at 12. To the contrary, the Court of Appeals deemed the SWDA in... | Party Submissions | 10.143523 | 10.32354 | 10.564533 |
As mentioned in the previous section, Texas Mutual filed a "request to schedule, reschedule, or cancel a benefit review conference" in March of 2020, listing the disputed issue as "whether or not Mr. Bruno Martinez was an employee of Hellas Construction, Inc. at the time of injury and subsequent death." See 28 Tex. Adm... | Party Submissions | 5.350273 | 5.973326 | 5.833068 |
C) The Tribunal’s analysis 205. First of all, the Tribunal notes that Claimant does not seem to dispute that the Tribunal may, in principle, sanction a potential abuse of right. | Legal Decisions | 15.281273 | 12.515543 | 16.164055 |
Midland does not address Weatherford’s subsidiary questions 5 and 6 as to whether the Trial Court erred in sustaining Midland’s Plea to the Jurisdiction based upon either notice or liability defense of limitations, as the underlying Trial Court and Court of Appeals determinations were based upon jurisdictional defects ... | Party Submissions | 8.199406 | 9.229509 | 8.401521 |
Recall that Section 51.003(a) applies to “ any action brought to recover the deficiency” after a foreclosure sale. Tex. Prop. Code § 51.003(a) (emphasis added). It does not say “any action brought by the senior lienholder, ” or “any action brought by the foreclosing party ,” or “indebtedness remaining on the note on wh... | Party Submissions | 6.634121 | 6.158551 | 6.476889 |
In Respondents’ telling, Westwood merely decided to leave the location where it had sold cars for more than four years as part of a “broader strategic decision to shut” down its business, “leave the warehouse space that it no longer needed,” “and make a fresh start with a new entity.” (Resp. 12, 31, 38) And, according ... | Party Submissions | 12.486478 | 12.389795 | 13.936403 |
To amend title XI of the Social Security Act to establish a pilot program for testing the use of a predictive risk-scoring algorithm to provide oversight of payments for durable medical equipment and clinical diagnostic laboratory tests under the Medicare program. | Legislation | 6.596092 | 5.45452 | 6.805689 |
Affiliate. Affiliate means a corporation, trade or business that, together with the Company, is treated as a single employer under Code Section 414(b) or (c). | Contract | 3.842174 | 4.594676 | 7.771808 |
Such documents are relevant to demonstrate the nature of the treatment and protection accorded by the Respondent to the Claimant and are therefore, notably, material to an assessment of the Respondent’s alleged breach of the Claimant’s rights under Art. 325 of the France-Qatar BIT. | Legal Decisions | 9.94558 | 10.44448 | 11.459595 |
Groce Locke & Hebdon, 878 S.W.2d 313 (Tex.—App. San Antonio 1994, writ ref’d)) 9. Oregon: Gregory v. Lovlien, 174 Or. App. 483, 26 P.3d 180 (Or. | Party Submissions | 10.120476 | 11.791014 | 11.012702 |
Request No. 952-02-6-74/2004 referred to on pages 5 and 7 of exhibit R-043 and any and all documents and information used for the preparation of the sketch ( in Serbian: skica ), which was prepared based on that request. | Legal Decisions | 23.697317 | 26.835709 | 27.420464 |
To overcome the community presumption, the burden is on the spouse claiming certain prOperty as separate to trace and clearly identify the property claimed to be separate. Id. However, real property gifted by one spouse to another during marriage is the recipient spouse’s separate pr0perty. TEX. CONST. art. 16, §15. Ag... | Party Submissions | 10.630698 | 10.187616 | 10.602276 |
In essence, Petitioner’s entire case centers on her mistaken insistence that the Property’s first lienholder’s foreclosure must constitute mandatory acceleration of the Note, rather than an optional default. She argues that Texas Prop. Code § 51.003(a) mandates acceleration of all loans secured by liens on any one piec... | Party Submissions | 15.197241 | 16.02265 | 16.231606 |
None of these documents were provided by the Respondent to the Claimant at the time of his arrest or thereafter. The requested information is internal governmental documentation, which Qatar is in a position to access without undue burden. | Legal Decisions | 14.367309 | 17.40334 | 14.598733 |
This Court cannot grant the relief that Walker seeks without throwing the primary election into chaos—if not deciding it outright. Courts are rightfully cautious to engage in “judicial interference in an election that is imminent or ongoing,” and such interventions are “strongly disfavored.” In re Hotze, 627 S.W.3d at ... | Party Submissions | 5.09654 | 5.40862 | 5.764072 |
In its appeal, TMI presents two issues for our review: (1) whether section 406.075 applies to bar Cochran's pursuit of remedies under the TWCA; and (2) if so, is Sonic, as Cochran's subclaimant, barred from seeking reimbursement under section 409.009. TEX. LAB. CODE ANN. § 409.009 [**9] (Vernon 2006). | Party Submissions | 6.619525 | 7.22723 | 7.847652 |
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 ju dgment”—i.e., “collateral estoppel.” Avila v. St. Luke’s Lutheran Hosp., ... | Party Submissions | 5.313078 | 5.739611 | 5.491252 |
Considering all the circumstances of the case, we cannot say that it is clear from the facts that the trial court abused its discretion in failing to award Osprin attorney fees against TX 1111 under the UDJA. See Nabers, 2020 WL 830025, at *2. For these reasons, we overrule this issue. | Party Submissions | 8.733592 | 10.57418 | 12.398796 |
In fact, Oncor’s agent, Dennis Deegear, testified at the hearing on Respondents’ jurisdictional pleas and motions that what he agreed to with P&A on behalf of Sharyland in 2019 was P&A’s “total value of the transmission lines in Texas,” which subjective unit valuation was “$496,193,596.” See Appendix H to Oncor’s Brief... | Party Submissions | 6.573226 | 6.862404 | 7.012379 |
The mootness doctrine implicates subject-matter jurisdiction. A case becomes moot when one seeks to obtain a judgment on some controversy, when in reality none exists, or when one seeks a judgment on some matter which, when rendered for any reason, cannot have any practical legal effect on a then-existing controversy. | Party Submissions | 8.523747 | 10.339237 | 11.275288 |
The instruction then concluded with this phrase: “but the designation may be struck, by the Court, for lack of evidence after an adequate time for discovery has passed.” (Id.) The first sentence of the second non-statutory instruction repeated this “may be struck” language a second time, emphasizing the point. (Id. at ... | Party Submissions | 23.844046 | 27.190338 | 26.571045 |
The Planning Commission is a commission that was created by the Assembly of the City of Belgrade for providing expert assistance and performing tasks in the process of drafting and implementing planning documentation.150 The requested documents are relevant and material to assess the factors the Commission took into co... | Legal Decisions | 21.501736 | 20.542446 | 21.702007 |
A copy of the agreement concluded between Luka Beograd and Obnova on 15 March 1994 (as referred to in the Agreement on Provision and Use of Transhipment and Warehousing Services between Luka Beograd and Obnova of 25 January 2000, R-013 ), as well as a copy of all lease agreements entered into by Obnova with regard to t... | Legal Decisions | 10.089238 | 10.096218 | 11.401324 |
The Response includes an extended discussion of Delaware demand-futility law. Resp. 10-14. This discussion, however, does not meaningfully address CKC’s argument that the Zuckerberg8 decision did not address cases involving self-dealing by a manager or director. See PFR 18-19. | Party Submissions | 17.85177 | 25.06613 | 22.957771 |
HSMiller also raises the specter of preemption, arguing that any action this Court might take to set aside the assignment would be improper meddling and would violate preemption principles. It then argues the Lawyers are making an improper collateral attack on the Bankruptcy Plan. Both are wrong. | Party Submissions | 16.18979 | 17.455881 | 22.362999 |
Perhaps more importantly, reliance on the Infusion Protocol is misplaced. Internal hospital policies do not set the standard of care under Texas law. See Espalin v. Children’s Med. Ctr. of Dallas, 27 S.W.3d 675, 686 (Tex. App.—Dallas 2000, no pet.) (hospital’s policy did not set standard of care); Denton Reg’l Med. Ctr... | Party Submissions | 4.179277 | 4.422148 | 4.407021 |
Deferral. Deferral means a credit to a Participant’s Account(s) that records that portion of the Participant’s Compensation that the Participant has elected to defer to the Plan in accordance with the provisions of Article IV. Unless the context of the Plan clearly indicates otherwise, a reference to Deferrals includes... | Contract | 5.186349 | 4.798924 | 6.249037 |
S.W.3d 144, 148 (Tex. 2020) (“[A]n ambiguous contract’s meaning must be determined by a finder of fact, who may consider evidence of the parties’ subjective intent.”). It is also appropriate to consider evidence in a jurisdictional dispute. See Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 555 (Tex. 2000). This Court... | Party Submissions | 5.181475 | 5.20444 | 6.480064 |
Agreement number 71 dated 13 January 2003 and Agreement number 72 dated 13 January 2003 – both referred in Article 2 of an agreement submitted as Serbia’s exhi bit R-015. | Legal Decisions | 17.921453 | 14.624083 | 19.548601 |
As explained above, Serbia argues that Obnova allegedly did not have the right of use over its premises at Dunavska 17-19 and 23. According to Serbia this is, amongst other things, because the right of use purportedly belonged to Luka Beograd which leased the premises to Obnova.72 The agreement submitted by Serbia as R... | Legal Decisions | 6.162481 | 6.063098 | 5.935346 |
There is an increasing trend throughout the country of hospitals using the term “reasonable value” in their lien notices to exclude the possibility of an attack under Chapter 12 for intent to collect on “a fraudulent claim” using otherwise facially valid hospital liens. Hospitals like Respondents believe that by simply... | Party Submissions | 17.871914 | 14.435937 | 20.309584 |
In contrast, other provisions of the Business and Commerce Code impose conditions on the waiver of statutory rights — even specifying when the waiver must be executed. | Party Submissions | 11.825647 | 17.147198 | 17.194563 |
HN10 [ ] But we are bound by our own precedent. See, e.g., Dyer v. Medoc Health Servs., LLC, 573 S.W.3d 418, 427 (Tex. App.—Dallas 2019, pet. denied) ("[A]bsent an intervening change [*9] in law, we follow our own precedent."). This Court was previously asked whether a negligence case against a nonsubscriber is a worke... | Party Submissions | 4.488752 | 4.590564 | 4.748716 |
This Agreement may be executed and delivered (including by facsimile or other means of electronic transmission, such as by electronic mail in “pdf” form) in two or more counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreemen... | Contract | 2.5705 | 2.688778 | 2.928901 |
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