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Perhaps more importantly, however, none of the evidence Respondents cite played any part in the court of appeals’ decision. The court refused to consider it. Nor did the court rely on any “Rule 11 agreement” memorialized in the agreed judgment because it deemed the judgment’s contents themselves unimportant. All that m... | Party Submissions | 13.715796 | 13.656862 | 14.071822 |
Therefore, the Respondent is ordered to produce: “all documents, communications, or other correspondence issued/received by the MOPC directly addressing its decision to remit payment and subsequently revoke payment of libramiento no. 7852-1 to Sargeant, from 1 August 2019 to date”. | Legal Decisions | 28.822428 | 28.6154 | 29.509077 |
Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk ... | Party Submissions | 4.203338 | 4.259696 | 4.348806 |
Two days later, McCarthy filed a motion to dismiss in the Oklahoma case, arguing that (1) the forum-selection clause in the MCC is voidable under the Texas “home-rule” statute found in section 272.001 of the Business and Commerce Code;1 and (2) the case should further be dismissed under the doctrine of forum non conven... | Party Submissions | 9.061017 | 7.565163 | 10.690118 |
On the other hand, protecting the public fisc is cold comfort for an injured person barred from the judicial remedies that would otherwise be available to them had the complained-of-acts been committed by a private person. See id.; Bacon v. Tex. Hist. Comm ’ n, 411 S.W.3d 161, 172 (Tex. App.—Austin 2013, no pet.) (noti... | Party Submissions | 7.047692 | 7.098716 | 7.322139 |
Agreement was the result of a negotiated process to which generators could choose to adhere or not. As appears from a letter from CAMMESA to the Energy Secretary dated 20 October 2005, the Tribunal notes that not all generators that adhered to the Adhesion Contract adhered to the FONINVEMEM I Agreement.944 This further... | Legal Decisions | 18.620777 | 14.98413 | 18.782494 |
To prohibit the Environmental Protection Agency from using assessments generated by the Integrated Risk Information System as a tier 1 data source in rulemakings and other regulatory actions, and for other purposes. | Legislation | 7.167085 | 6.225279 | 6.963819 |
Finally, Rafiei concludes his discussion with Brunke v. Ohio State Home Services, Inc., No. 08CA009320, 2008 WL 4615578 (Ohio Ct. App. Oct. 20, 2008). In Brunke the court found procedural unconscionability of a contractual arbitration clause because both of the plaintiffs had “very limited reading ability,” “poor quali... | Party Submissions | 4.942958 | 4.950409 | 5.023098 |
America; 2) not tied to any commissioned work and 3) an “expectancy” and not an entitlement until it was received. Id. | Party Submissions | 29.565308 | 52.287674 | 57.097412 |
Relevant court of appeals precedent can be found in the Cunningham case. Cunningham v. Cunningham, 183 S.W.2d 985 (Tex. | Party Submissions | 6.001844 | 6.395123 | 7.064515 |
Having overruled each of Grant’s issues on appeal, we affirm the judgment of the trial court ordering partition and the order requiring Grant to pay costs. | Party Submissions | 12.009193 | 19.84321 | 25.23186 |
We will collectively describe these state, county, and municipal limitations on restaurants, which began in March 2020 and extended to varying degrees for approximately one year, as the Emergency Orders. | Party Submissions | 13.502373 | 18.073174 | 15.584849 |
Under the exclusive jurisdiction doctrine, the legislature grants an administrative agency the sole authority to make the initial determination in a dispute. If an agency has exclusive jurisdiction, courts have no subject matter jurisdiction over the dispute until the party has exhausted all of the administrative remed... | Party Submissions | 6.259991 | 6.044031 | 7.052415 |
Drawings and Operating and Maintenance Manuals, receipt by McCarthy of such materials is required prior to processing Subcontractor's final payment. | Party Submissions | 21.13589 | 35.42519 | 30.655293 |
Terry: $ ~ 1 000 0~0 1 Newsom, Terry & Newsom, L.L.P.: $~MU00 1 When you go into the jury room to answer the questions, the first thing you will need to do is choose a presiding juror. | Party Submissions | 18.699684 | 18.860493 | 28.109444 |
Third, Rafiei assumes that he will be burdened with the cost of three arbitrators. But the parties can agree to use one arbitrator. Rafiei has not explored that prospect with the Lennar. Additionally, Rafiei can petition the AAA for a hardship waiver, which he has not done. III. Rafiei’s cases from other jurisdictions. | Party Submissions | 14.182256 | 17.42988 | 16.380648 |
Without this erroneous reading of art. XVII.D, Samson gives no meaning to the last sentence of XVII.C. The importance of this last sentence is shown both by the text of XVII.C and the legal context in which it was drafted. | Party Submissions | 19.2307 | 27.844118 | 28.252722 |
The Relator is a candidate for statewide office. The Respondent is the Chairman of the Republican Party of Texas, which is headquartered in Austin. Relator seeks a writ of mandamus compelling Respondent to reject the application of the Real Party in Interest, Justice John Devine, to appear on the ballot in an upcoming ... | Party Submissions | 5.916372 | 6.380685 | 6.873595 |
This body of law is in straightforward opposition to the application of any common law principles. This recognizes the fundamental difference between common law and statute law. | Party Submissions | 17.865656 | 22.69967 | 27.952665 |
Letter from the Directorate for Construction Land and Urban Development of Belgrade to the Secretariat for Urban Planning and Construction No. 19111/96000-VI-I dated 14 April 2010, together with all accompanying attachments. RELEVANCE Claimants hereby incorporate explanation from Request No. 34 above. | Legal Decisions | 21.775541 | 17.361172 | 22.520325 |
McCarthy’s position would render other portions of the paragraph 47.7 in the MCC meaningless. McCarthy admits that it waived any “objection” to venue or convenience of forum. Significantly, however, McCarthy “irrevocably submit[ted] to the exclusive jurisdiction” of the Tulsa County District Court or the Northern Distr... | Party Submissions | 4.895608 | 5.143765 | 5.19725 |
The United States objects to Request No. 2.f for the same reasons stated above with respect to Request No. 2.a. | Legal Decisions | 8.428967 | 13.278079 | 14.621537 |
As in the Diocese’s own proposed definition of “undue advantage,” passive receipt of a benefit that it would be unconscionable to retain has been equated with taking an “undue advantage,” the phrase used in Heldenfels, by the PJC committee and several appellate courts. See TEX. PATTERN JURY CHARGES Business 101.44 (202... | Party Submissions | 6.005066 | 6.45015 | 6.217472 |
Section 272.001 makes the forum-selection clauses in construction contracts “voidable.” See Tex. Bus. & Com. Code § 272.001(b). RLB cites to statutes from other states that make forum-selection and choice-of-law clauses in construction contracts void and unenforceable in support of its position that the Texas Legislatu... | Party Submissions | 4.201049 | 4.335296 | 4.325892 |
HN1 [ ] Mandamus is an extraordinary remedy. In re Sw. Bell Tel. Co., L.P., 235 S.W.3d 619, 623 (Tex. 2007). Generally, a writ of mandamus will issue only when the relator has no adequate remedy by appeal and the trial court committed a clear abuse of discretion. In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379, 382 ... | Party Submissions | 3.082589 | 3.288358 | 3.559622 |
Since TX 1111 would not receive the state tax credits or the Contributions until completion of the historic rehabilitation, it sought a loan to assist funding the rehabilitation project until the state tax credits could be monetized. TX 1111 was referred to First NBC, a lender with significant experience in making tax ... | Party Submissions | 9.513799 | 8.06938 | 10.268147 |
For these reasons, Petitioner OSPrin II, LLC, respectfully prays that this Court grant this Motion for Rehearing of the Petition for Review, grant the Petition for Review, and reverse the opinion of the court of appeals, and remand to the court of appeals to consider issues it did not previously reach. Petitioner also ... | Party Submissions | 6.802282 | 7.488001 | 7.916842 |
The EU has raised the issue of regulation of snow crab in NEAFC, both at the Commission meeting in 2014 and in PECCOE, but so far without success. Russia has stated in the NEAFC that they consider the snow crab as a sedentary species that must be managed according to the shelf jurisdiction in accordance with the Conven... | Legal Decisions | 9.184357 | 10.217381 | 9.245458 |
OSPrin first argues, again, that the Court of Appeals’ opinion conflicts with the Austin Court of Appeals’ decision in Person v. MC-Simpsonville, SC-1-UT, No. | Party Submissions | 43.230087 | 45.72315 | 49.305904 |
Confidentiality Agreement by Claimants. In this regard, Clause 8 of the Confidentiality Agreement prevents the Parties from using any statements made by one party to the other party, or to a third party, or any action taken over the course of the consultation and negotiation procedure, in a future arbitration (see ¶ 12... | Legal Decisions | 6.750735 | 6.654772 | 7.5193 |
Section 3. Participation. Each Eligible Associate shall become a participant (a “Participant”) in the Plan on the later of the Effective Date, or the date on which he or she has a Qualifying Termination. A Participant’s participation in the Plan shall cease as of the date the Participant is no longer an Eligible Associ... | Contract | 4.590291 | 4.092532 | 4.790078 |
On the other hand, the courts of appeals widely cite the standard for abuse of discretion in most family law decisions to be a two-prong inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion? Bradshaw v. Brads... | Party Submissions | 4.189278 | 4.059661 | 4.297094 |
By my signature above, I hereby certify that a true and correct copy of this document was served as required Texas Rule of Appellate Procedure 9.5 to the parties to the proceeding, via-efiling on this the 5th day of January, 2024. | Party Submissions | 8.907785 | 11.534811 | 12.664416 |
Berry Contracting, L.P. v. Mann, 549 S.W.3d 314 (2018) By its second issue, Bay asserts that the ROCIP carrier's denial of coverage does not prevent Bay from asserting the exclusive-remedy defense. In the trial court, the Manns argued that the workers' compensation insurance carrier was Bay's agent. The Manns reasoned ... | Party Submissions | 7.684374 | 8.098392 | 8.813342 |
Wife argued that the transfer constituted an irrebuttable presumption of gift and therefore should be characterized as wife’s separate property. Id. Husband made no claims of fraud, accident, or mistake. Id. Wife argued that the parol evidence rule should not allow evidence of the parties’ intent. Id. The trial court g... | Party Submissions | 7.456688 | 8.306301 | 8.48672 |
R. 024, 035-036. RLB alleges that it based its fixed-price bid on the soil conditions set forth in the Terracon report. R.3-4, 6. | Party Submissions | 17.15975 | 21.26768 | 27.060469 |
Claimants agree to conduct a reasonable search for and produce documents responsive to this request that are in the Claimants’ possession and/or control. | Legal Decisions | 8.80494 | 12.352917 | 11.246558 |
That reason fails on its own terms: Walker is the architect of his own timeliness problem. Walker waited 53 days between when Devine’s application became public information and when he sought mandamus relief. Measuring more generously from when Walker filed his own petition, on December 4, or even from when he first ra... | Party Submissions | 8.207117 | 8.686463 | 9.357825 |
Group, Inc. was founded in 1986, went public in 1995 and is traded on the NASDAQ Global Select Market under the ticker symbol SBGI. | Party Submissions | 4.549388 | 4.476818 | 5.309244 |
In a decree of divorce or annulment, the court shall determine the rights of both spouses in a pension, retirement plan, annuity, and bonus, among other things. | Party Submissions | 8.609159 | 8.948124 | 10.767469 |
HN5 [ ] Standards of Review, Deference to Agency Statutory Interpretation The Texas Labor Code provides for a modified de novo review of appeals panel decisions on issues of compensability or eligibility for or the amount of income or death benefits. Generally, a trial court is required to give consideration to the app... | Party Submissions | 4.895783 | 5.555412 | 5.276835 |
This letter contains certain objections to the Environmental Impact Assessment Report of the 2013 DRP. The requested document is relevant and material to assess whether the Secretariat for Environmental Protection considered Obnova’s rights to its premises at Dunavska 17 -19 and 23 during the preparation of the 2013 DR... | Legal Decisions | 18.578884 | 17.308214 | 18.969515 |
B. Respondent assumed the risk of mistake. “A party bears the risk of mistake when the risk is allocated to him by agreement or when he knowingly treats his limited knowledge of the facts surrounding the mistake as sufficient. See Restatement (Second) of Contracts § 154(a) & (b) (1981)” de Monet v. PERA, 877 S.W.2d 352... | Party Submissions | 6.018131 | 6.555475 | 6.22149 |
Testimony at trial created a fact issue on whether Diamond State failed to provide an effective defense by failing to hire separate counsel for Defterios and HSMiller, (8RR273-74), and by allegedly hindering Terry’s defense on damages. (7RR38-39, 92-96) As this Court held in Keck, Mahin & Cate, an insurance company’s n... | Party Submissions | 14.853563 | 13.201678 | 15.79947 |
You are instructed that negligence means failure to use ordinary care, that is, failing to do that which a lawyer or law firm of ordinary prudence would have done under the same or similar circumstances or doing that which a lawyer or law firm of ordinary prudence would not have done under the same or similar circumsta... | Party Submissions | 2.886735 | 3.89514 | 3.787995 |
It is true that the error in the total mileage of Sharyland’s transmission lines that P&A used in the allocation process originated in an email communication from Sharyland’s agent.1 Appendix F to Oncor’s Brief at ¶ 7; RR.Vol.2 at 42-43 & 45-46 (Appendix H to Oncor’s Brief). But even though that error caused nonsensica... | Party Submissions | 7.270651 | 7.594109 | 7.771571 |
Trial Court’s disposition: The trial court overruled the objections and denied the motion to dismiss. App. 1, CR 1332; App. 2, Supp. CR 4. | Party Submissions | 9.994385 | 14.779913 | 12.026704 |
The Hooks Case and This Bordages Case Remained Allied to the End The severance formally divided Hooks and Bordages, but they remained allied. The parties did file separate pleadings, but their ownership stipulation, most evidence, many pleadings, and some court orders were jointly filed in all three cases, and all summ... | Party Submissions | 11.841952 | 12.58848 | 12.711043 |
Counsel for Petitioners/ Cross-Respondents This motion for rehearing complies with Texas Rule of Appellate Procedure 9.4(i) because it contains 3,231 words. | Party Submissions | 10.046936 | 12.318953 | 14.448948 |
Petitioner’s arguments have been repeatedly and unanimously rebuffed by multiple Courts of Appeal. Smith v. Yellowfin Loan Servicing Corp., No. 05-21-00305-CV (Tex.App.-Dallas Mar. 22, 2023, no pet. h.)(mem. op.); Thompson v. Yellowfin Loan Servicing Corp., No. 01-21-00147-CV (Tex.App.-Houston [1st Dist.] Jan. 3, 2023,... | Party Submissions | 3.425001 | 3.503264 | 3.479185 |
Respondent respectfully prays that this Court deny Petitioners' motion for rehearing and consider the relief sought by Respondent in its pending Motion for Rehearing. | Party Submissions | 7.277679 | 7.940428 | 9.712347 |
On August 17, 2020, Santos filed her First Amended Plea to the Jurisdiction, Answer, and Counterclaim. CR1:4-52. The Plea to the Jurisdiction alleged that Yellowfin lacked standing to sue because it lacked standing to enforce the Note and because Yellowfin’s immediate predecessor, RCS Recover Services, LLC forfeited it... | Party Submissions | 10.255828 | 9.789607 | 12.477315 |
The intermediate courts are in near uniform agreement that an obstetrician’s experience dealing with all aspects of labor and delivery qualify him to opine on complications that can occur during delivery, including neurological birth injuries. See, e.g., Monga v. Perez, No. 14-16-00961-CV, 2018 WL 505263, at *9 (Tex. A... | Party Submissions | 5.23255 | 5.081346 | 5.36609 |
If Chapter 74 is to function as the Legislature intended, it is vital that the lower courts consistently apply the appropriate standard and scope of review when evaluating and reviewing preliminary reports. This Court should grant review to preserve the balance. | Party Submissions | 18.049408 | 19.70952 | 24.926748 |
For column 9: Indicate the epidemiological units surveyed, indicating its description and unit of measurement. ‘Epidemiological unit’ means a homogeneous area where For column 10: Indicate the methods used during the survey including the number of activities in each case, depending on the specific legal requirements of... | Legislation | 23.429754 | 24.46771 | 27.669523 |
The requested Documents are relevant and material to the outcome of the dispute in that they address (i) the expe ctations of the Cypriot Claimants and/or Mr Obradović as regards Obnova's rights to the Dunavska Plots, and (ii) the Cypriot Claimants' knowledge at the time of making the investment and foreseeability of ... | Legal Decisions | 14.089457 | 16.996803 | 15.861803 |
PCC : The requested documents must be in Obnova’s, i.e., Claimants’, possession, custody or control since all requested documents appear to be the annexes of the agreements concluded by Obnova. In any event, Respondent is not in possession of these documents. | Legal Decisions | 17.359198 | 21.536568 | 22.718937 |
Contents of Notice. If a claim for benefits is completely or partially denied, notice of such denial shall be in writing and shall set forth the reasons for denial in plain language. The notice shall: (i) cite the pertinent provisions of the Plan document; and (ii) explain, where appropriate, how the Claimant can perfe... | Contract | 3.042543 | 3.303011 | 3.297978 |
The purpose of an appeal is to review a trial court’s exercise of discretion. The court’s discretion was never meant to be unbridled. For this trial court to hold a standard for trial court discretion that eliminates FS review by court of appeal would unnecessarily give the court judges the ability to impose rulings wi... | Party Submissions | 20.2965 | 19.006203 | 20.36155 |
To direct the Secretary of Veterans Affairs to include information relating to the rate of suicide among covered Reserves in each National Veteran Suicide Prevention Annual Report of the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs. | Legislation | 5.893317 | 4.814111 | 6.365016 |
This appears to have generated confusion among the courts of appeals as to whether “use” of property claims have been eliminated. See City of Brownsville v. Nezzer, No. 13-21-00150-CV, 2022 WL 2251818, at *6 (Tex. App.—Corpus Christi 2022, no pet.) (holding a claim for premises defect or arises when “plaintiff alleges ... | Party Submissions | 4.97118 | 5.223181 | 5.263241 |
The HMA Agreement is replete with provisions regarding sales, performance, and objectives for a franchisee as HMA depends upon those sales for its standing amongst other OEMs and for its profitability. Whether a sales objective is reasonable for a particular dealer requires a hearing because if HMA determines the deale... | Party Submissions | 28.153925 | 21.123909 | 28.251133 |
Respondent, H A O appeared in person and through attorneys of record, Michael D. Wysocki and Ryan H. Segall, and announced ready. | Party Submissions | 29.72293 | 32.487804 | 49.03666 |
The Parties desire to amend the Credit Agreement according to the terms in this Amendment. Any capitalized terms used in this Amendment, but not otherwise defined in this Amendment, are as defined in the Credit Agreement. | Contract | 4.586882 | 4.022069 | 5.874202 |
The Bordages owners later filed amicus briefs at the court of appeals and in this Court in support of the Hooks in Samson’s appeal. 5CR6188, 6284. Samson asked the First Court in 2011 to strike the Bordages brief. 5CR6255-60. The Bordages owners pointed out that Samson had briefed “how to compute Late Charges under the... | Party Submissions | 12.392412 | 11.951559 | 14.55225 |
Read together with Dr. Tappan’s report, Dr. Null’s deductive reasoning easily provides at least some factual basis to support the experts’ conclusion that intrapartum factors (including the prolonged second stage labor, fetal heartrate abnormalities, and forceful delivery) caused H.W.’s brain injury. See Miller, 536 S.... | Party Submissions | 8.831074 | 10.470889 | 10.418504 |
These are not circumstances of Nicaragua asserting defenses that were not just simply wrong, but where the bona fides of Nicaragua’s behavior in this Arbitration is called into question. | Party Submissions | 18.87213 | 26.290583 | 23.270607 |
The Court should grant review because this case involves the construction of two statutes—Chapter 55 of the Texas Property Code and Chapter 12 of the Texas Civil Practice and Remedies Code. See id. Additionally, due to the profound impact the construction of the statutes will have on similarly situated parties, the cou... | Party Submissions | 6.54473 | 7.173463 | 6.933026 |
No failure or delay on the part of the Lender to exercise any right under this Agreement or the Note operates as a waiver of this Agreement or the Note. Nor does any single or partial exercise of any right under this Agreement or the Note preclude any other or further exercise of any right under this Agreement or the N... | Contract | 2.345806 | 2.397713 | 2.911619 |
See Abor v. Black, 695 S.W.2d 564, 566 (Tex.1985). The refusal to abate is such an incidental ruling for which there is an adequate remedy by appeal. See id. at 567; Coastal Oil & Gas Corp. v.. Flores, 908 S.W.2d 517, 518 (Tex.App.— San Antonio 1995, orig. proceeding) (opinion on motion for leave). There are limited ex... | Party Submissions | 5.277 | 5.570649 | 6.247726 |
Nor could he. Relator says (Pet.5) that 28 individuals signed his petition first, thus invalidating those same individual’s signatures for purposes of Justice Devine’s petition under Tex. Elec. Code §141.066(a), (c). But no amount of diligence could have led Justice Devine to discover this before December 4. Even conta... | Party Submissions | 12.023974 | 11.459341 | 13.133313 |
Attempting to defend that precedent, Respondents maintain, “Petitioners have no support for their argument that the use of an otherwise valid lien can support a Chapter 12 claim.” Respondents’ Br. at 13. Respondents’ argument ignores the plain language of §12.002 that prohibits the use of a lien for an improper purpose... | Party Submissions | 9.055404 | 9.096351 | 10.369928 |
HSMiller argues that the Lawyers cannot raise the assignment issue because they failed to address it fully in the most recent trial. HSMiller also claims the Court cannot consider three documents the Lawyers cite in their Petitioners’ Brief: the Litigation Agreement, the Bankruptcy Plan, and the Bankruptcy Court’s orde... | Party Submissions | 18.701391 | 15.772117 | 20.76201 |
I. Notwithstanding anything herein to the contrary, Lessor's exercise of the rights under this paragraph shall not be deemed as a waiver of Lessor’s right to take all actions necessary to recover unpaid royalties, interest and other damages incurred. | Party Submissions | 7.783501 | 7.814874 | 8.887279 |
Petitioner respectfully prays that its petition for review be granted, that the court of appeals’ judgment be reversed, and that the case be remanded to the court of appeals for further proceedings. | Party Submissions | 3.772248 | 3.804704 | 4.095276 |
The plain language of the indemnity provision does not show that the parties intended for TX 1111 to indemnify First NBC or its successor-in-interest, Osprin, for defending against claims filed by Osprin against TX 1111. If TX 1111 and First NBC “ had intended to include claims between them, they would have had to spec... | Party Submissions | 4.873271 | 4.880176 | 5.286068 |
Serbia does not seem to dispute that the requested documents are not in Claimants’ possession, custody or control. Serbia only asserts that the requested documents are “ in the public domain and equally and effectively available to both parties. ” This assertion is incorrect for the same reasons that Claimants already ... | Legal Decisions | 9.16973 | 9.910342 | 9.687292 |
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the documents from the Urban Planning Institute of Belgrade (which prepared exhibit R-101) in accordance with the applicable regulations.92 In other words, the requested documents are "in the public domain and equally and effectively availa... | Legal Decisions | 11.933509 | 13.143439 | 12.622742 |
null | Contract | null | null | null |
F. ... If it is determined [by audit] that royalty owner has not been correctly paid all sums owed him, then Lessee shall reimburse the requesting royalty owner for all costs and expenses incurred by Lessor for such audit, together with all unpaid revenues, late charges, and interest thereon. | Party Submissions | 13.892136 | 13.196001 | 15.230511 |
The Seventh Court also misread Thompson to require preliminary experts reports to preemptively explain why negligent acts are not “ too attenuated to the eventual harm. ” Id. at *2. But Thompson involved an appeal from a final judgment following trial. 649 S.W.3d 160. The opinion confirmed than in order to establish ca... | Party Submissions | 8.831471 | 8.740014 | 9.371874 |
Berry Contracting, L.P. v. Mann, 549 S.W.3d 314 (2018) We cannot agree. Section 408.001(d)’s only reference to the exclusive-remedy defense is to ensure that employers retain access to the defense even in cases of certain noncompensable injuries; it says nothing of stripping an employer of the defense if coverage is de... | Party Submissions | 9.019062 | 9.060447 | 9.911316 |
Again, a dealer’s primary market area is “not intended to be permanent” as HMA may, in its sole discretion, change a dealer’s primary market area from “time to time as allowed by its Agreement.”7 As a primary market area changes at the discretion of an OEM, so too must a dealer’s required sales standard vary to meet th... | Party Submissions | 16.367851 | 13.078168 | 16.272354 |
Osprin also argues that, because the trial court awarded it attorney fees, costs, and expenses against Backes for the period from March 2018 through February 12, 2020, the trial court should have awarded it the same fees, costs, and expenses against TX 1111 on the same grounds. Osprin points to the trial court’s findin... | Party Submissions | 6.017471 | 6.140443 | 6.78889 |
Relator never asked any trial court for an injunction, and he never asked any appellate court for mandamus relief. No court has yet considered his challenge. Relator concedes that ballots must be mailed by January 20, 2024. Mot.2. That is the absolute latest date that ballots must be mailed. Relator offers no evidence ... | Party Submissions | 8.622334 | 9.950983 | 8.877891 |
Congress's longstanding practice reflects the Griggs rule. Given Griggs, when Congress wants to authorize an interlocutory appeal and to automatically stay the district court proceedings during that appeal, Congress ordinarily need not say anything about a stay. By contrast, when Congress wants to authorize an interloc... | Party Submissions | 6.849841 | 7.316536 | 7.358257 |
Ultimately, like the intermediate courts in Miller, Abshire, and E.D., the Court of Appeals’ “real concern” in this case appears to be the “believability” of the expert ’ s opinions, “not the manner in which [he] stated them.” Miller, 536 S.W.3d at 516; Abshire, 563 S.W.3d at 225; E.D., 644 S.W.3d at 664. But whether B... | Party Submissions | 7.052223 | 8.478534 | 7.978767 |
As we have explained, Douglas had her own attorney to advise regarding her rights and responsibilities under the act, including the need to timely file a workers' compensation claim. If she had filed a claim, she may have been compensated for her injury. Alternatively, if the workers' compensation process had ultimatel... | Party Submissions | 6.01146 | 6.503247 | 6.623681 |
Based on a word count run in Microsoft Word, this brief contains 4,044 words, excluding the portions of the brief exempt from the word count under Texas Rule of Appellate Procedure 9.4(i)(1). | Party Submissions | 5.406247 | 9.196079 | 10.380731 |
Despite the Walkers’ complaints about the Amarillo Court’s decision, this Court always has held that an “objective good faith effort” by an expert requires more than Drs. Tappan and Null provided here. It is true, as the Walkers point out, that Chapter 74 imposes only minimal requirements, and that this Court has held ... | Party Submissions | 7.471174 | 9.269852 | 8.358615 |
The reports wholly fail to explain what caused the possible asphyxia event or stroke. Tenet Hosps. Ltd v. De La Riva, 351 S.W.3d 398, 404-05 (Tex. App.— El Paso 2011, no pet.) (report insufficient when it opined without explanation that “neurological disabilities are the result of hypoxic ischemic brain injury that occ... | Party Submissions | 9.095041 | 9.246573 | 10.68547 |
Because the evidence clearly showed Rafiei would be required to pay more than this amount, such that he would be forced to abandon his claim, there was legally sufficient evidence for the trial court to find the delegation clause was unconscionable and should not be enforced. In turn, because the delegation clause was ... | Party Submissions | 7.360318 | 7.062868 | 7.642602 |
Accordingly, RLB’s argument that some of some of its claims fall outside the scope of the forum-selection clause is, quite simply, irrelevant. RLB BOM at 68. | Party Submissions | 19.524214 | 22.649342 | 27.629498 |
And in the construction context, the Legislature knows how to mandate that a waiver provision be included “in a written original contract or subcontract[.]” Tex. | Party Submissions | 19.658352 | 23.973654 | 28.638218 |
Alonzo v. Lampkin, No. 074-12-00030-CV, 2013 WL 6073431, at *5 (Tex. App.—Amarillo Nov. 13, 2013, no pet.) (board certified obstetrician not qualified to opine as to cause of brain injuries). | Party Submissions | 4.558201 | 5.658894 | 5.984748 |
Their response hinges on the assertion that the court of appeals’ rejection of Westwood’s constructive eviction and breach-of-contract claims did not depend on the legal effect of the agreed judgment in the forcible entry and detainer action, but instead on “evidence” that Westwood “voluntarily” “agreed to leave the pr... | Party Submissions | 8.93783 | 9.320024 | 9.199314 |
This brief complies with the type-volume limitation of Texas Rule of Appellate Procedure 9.4(i)(2)(B) because, according to the Microsoft Word 2016 word count function, it contains 7,351 words, excluding the parts of the brief exempted by Texas Rule of Appellate Procedure 9.4(i)(1). | Party Submissions | 3.350633 | 5.351818 | 6.277899 |
Second, even if the Court assumes that Rafiei’s expenses would in district court would not exceed $30,000, Rafiei’s affidavit—if believed— shows that he cannot afford the expenses of litigation. If Rafiei cannot support more than $6,000 in expenses up front, there is no reason to think that he could afford $30,000 in e... | Party Submissions | 10.38466 | 9.964083 | 10.632131 |
To answer the hypothetical, if the forbearance agreement had allocated $100,000 to the Diocese’s injury, that would be sufficient to establish the first step of Sky View and would raise a presumption of a $100,000.00 settlement credit. But the Court could still, under Utts, consider evidence like the affidavit from Bay... | Party Submissions | 17.919384 | 21.117575 | 19.779987 |
Actual control matters under this analysis; it is dispositive. To apply “arranger” liability, analyzing the control the defendant has over the disposal should focus on the “degree of the defendant’s actual control over the decision regarding the specific method or manner of disposal.” R.R. St., 166 S.W.3d at 243 (empha... | Party Submissions | 7.691158 | 7.635909 | 7.670596 |
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