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Thus, Delaware law is designed to facilitate Mr. Condon’s right to seek legal relief from Alpesh, Ruchir, and the other Respondents—not to impede it. This is the reason the Response constructs hurdles and obstacles that have no basis in Delaware law. | Party Submissions | 20.021952 | 19.494184 | 22.736671 |
To establish requirements for the Federal Trade Commission with respect to certain rules related to automotive retailing, and for other purposes. | Legislation | 14.409118 | 18.631094 | 15.597942 |
Preliminarily, in her notice of appeal, Douglas asserted that she is appealing the summary judgments in favor of both Transcontinental and Moody. However, in her brief, Douglas does not assign error to, or present any argument challenging, the summary judgment in favor of Transcontinental. Therefore, Douglas has waived... | Party Submissions | 4.488966 | 5.283633 | 4.959223 |
To promote and enhance outdoor recreation opportunities for members of the Armed Forces and veterans on Federal recreational lands and waters. | Legislation | 8.604578 | 8.403501 | 10.324295 |
Each Contracting Party will accord in its territory for the investments made by investors of the other Contracting Party fair and equitable treatment. | Legal Decisions | 8.990388 | 8.963577 | 14.640525 |
Justice Brian Walker currently holds Place 7 on the Second Court of Appeals. See Justice Brian Walker, TEXAS JUDICIAL BRANCH, https://www.txcourts.gov/2ndcoa/about-the-court/justices/justice-brian-walker/ (Jan. 8, 2024). He likewise seeks the Republican Party’s endorsement for the general election to Place 4 on this Co... | Party Submissions | 5.162605 | 5.313745 | 5.474534 |
As to the first ground, Claimants failed to specify which of the documents related to the present arbitration would be covered by legal privilege. It would be obviously erroneous to claim that all documents showing the exercise of Coropi's management and control where the topic was Obnova are covered by legal privilege... | Legal Decisions | 13.109856 | 12.15892 | 14.744765 |
The Mills decision, however, is based almost entirely on a mis-interpretation of and unwarranted expansion of this Court’s decision in Willacy County Appraisal Dist. v. Sebastian Cotton & Grain, Ltd ., 555 S.W.3d 29 (Tex. 2018), a position also illogically urged by Oncor in its Brief. The Mills opinion essentially hold... | Party Submissions | 4.520033 | 4.473474 | 4.555718 |
Administrative and Financial Regulation 28 7.1. The Tribunal Secretary is Mr. Alex Kaplan, Senior Legal Counsel, ICSID, or such other person as ICSID may notify the Tribunal and the Parties from time to time. The Tribunal Secretary shall remain at all times impartial and independent of the Parties. | Legal Decisions | 9.121033 | 8.465336 | 10.375585 |
To authorize the Secretary of Agriculture to relocate a memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash in the Cherokee and Nantahala National Forests during a training mission on August 31, 1982. | Legislation | 7.260017 | 6.464462 | 7.167342 |
Also please inform us what is the rules concerning informing of Coast Guard or any department on catching of crab [.]770 577. On 15 January 2017, the Norwegian Ministry of Trade, Industry and Fisheries replied: Snow crab is a sedentary species under the UN Convention on the Law of the Sea (UNCLOS). This means that the ... | Legal Decisions | 7.286148 | 6.603469 | 7.364376 |
Weatherford correctly states the general issue presented (“whether the Court of Appeals erred in affirming the Trial Court’s grant of the City’s plea to the jurisdiction based on governmental immunity”). Weatherford Brief on the Merits (“Brief”) at 4. However, several of Weatherford’s seven “subsidiary questions” requi... | Party Submissions | 6.983011 | 7.042779 | 7.118469 |
Respondents repeatedly state, “nothing in the lien notice even suggests that the amount of the lien has anything to do with the account number.” Id. However, not once in their brief do Respondents affirmatively state that the account numbers 2 Neither lower court held that an unfair debt-collection claim is more proper... | Party Submissions | 21.497444 | 19.640362 | 26.667303 |
The requested Documents are relevant and material to the outcome of the dispute in that they address (i) the expectations of Mr Broshko regards Obnova's rights to the Dunavska Plots and compensation, and (ii) Mr Broshko's knowledge at the time of making the investment and foreseeability of the investment dispute. | Legal Decisions | 20.854803 | 23.751108 | 24.315372 |
Claimants note Serbia’s objections. Claimants have limited the temporal scope of their request to the years 1946 – 1960 during which Obnova’s buildings were built. As for Serbia’s allegation that “ it would be unreasonably burdensome to require Respondent to identify other authorities, not listed in Claimants' request,... | Legal Decisions | 11.691587 | 12.472333 | 12.571144 |
The malpractice trial. At the malpractice trial HSMiller and the Lawyers disputed (i) whether Terry should have designated Flaven from the beginning, (ii) whether Terry committed malpractice by not designating Flaven more than 60 days before trial, and (iii) whether the trial court denied the motion for designation sol... | Party Submissions | 13.192909 | 12.361812 | 16.443716 |
To amend title 10, United States Code, to include training regarding financial literacy training programs for members of the Armed Forces, and for other purposes. | Legislation | 5.117057 | 4.944612 | 5.122124 |
Ames’s third issue presents a blanket statement that the Additional Service Charge, as defined in Section 5.2(c) of the Contract tied to wastewater volumes in excess of a baseline amount, constitutes an unenforceable penalty, consequential damages, or exemplary damages, and Chapter 271 does not waive immunity for such ... | Party Submissions | 10.398705 | 9.069477 | 11.097817 |
Samson pressed its “law of the case” argument that rulings in Hooks should dictate results in the severed T.S. Reed case, including even “implicit” rulings: Samson’s Appellant’s Reply Brief filed May 19, 2014, in T.S. Reed at 4, n.2, located at: https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=d771066f-93f0-... | Party Submissions | 13.548393 | 9.645865 | 13.746412 |
The requested documents are relevant and material because they will show that the City of Belgrade considered Obnova to be the user of its premises at Dunavska 17-19 and Dunavska 23 and charged Obnova a fee for the use of the land at Dunavska 17-19 and Dunavska 23. This is inconsistent with Serbia’s position in this ar... | Legal Decisions | 5.782081 | 6.377635 | 5.7552 |
Section 14. Successors. The Plan shall bind any successor to all or substantially all of the Company’s assets in the same manner and to the same extent that the Company would be obligated under the Plan if no succession had taken place. | Contract | 3.777424 | 4.91476 | 4.769788 |
The Respondent understands that this Request has been withdrawn. The Respondent reserves the right to object to any further request for these documents in due course. | Legal Decisions | 12.391204 | 10.437552 | 13.697888 |
Section 4.11. No Third Party Beneficiaries. Nothing in this Agreement shall be construed as giving any Person, other than the Parties and their respective successors, legal representatives and permitted assigns, any right, remedy or claim under or in respect of this Agreement or any provision hereof. | Contract | 2.733634 | 2.728423 | 3.444126 |
HSMiller has argued that the trial court could both quote the statute and then explain its application under the facts of the case. (Cross-Pet’r’s Br. at 23) The cases it cites in support of this 47 proposition do not support it. One case simply repeats the generic statement that trial courts have broad discretion in s... | Party Submissions | 5.709451 | 6.381765 | 6.616689 |
We review a trial court’s award of attorney fees under the UDJA for an abuse of discretion. See Nabers v. Nabers, No. 14-18-00968-CV, 2020 WL 830025, at *2 (Tex. App. — Houston [14th Dist.] Feb. 20, 2020, no pet.) (mem. op.). Under the UDJA, “ reasonable and necessary attorney ’ s fees ” may be awarded if they “ are eq... | Party Submissions | 2.648171 | 2.983839 | 3.01848 |
Even if Section 51.003(a) does not apply, Yellowfin’s suit is untimely under any other applicable statute of limitations. See Tex. Civ. Prac. & Rem. Code § 16.004 (four-year limitations period after cause of action accrues on a debt); Tex. Bus. & Com. Code § 3.118 (six-year limitations period after the note’s accelerat... | Party Submissions | 6.456249 | 6.588868 | 7.135096 |
Terry also designated HSMiller as a responsible party in the malpractice trial below. (CR323) Under Texas Civil Practice and Remedies Code section 33.003, the jury should have been asked to apportion HSMiller’s own responsibility in causing its harm. | Party Submissions | 16.348955 | 19.347292 | 20.3418 |
Dr. Tappan has no such demonstrated experience in the area of causation. This case is akin to De La Riva, 351 S.W.3d 398. In that case a board-certified obstetrician and gynecologist offered an opinion regarding the cause of infant hypoxia. As in this case, nothing in the four corners of his report indicated that he wa... | Party Submissions | 7.754382 | 8.897351 | 8.591655 |
Proceeding in the Trial Court: The Walkers timely provided Dr. Castillo and BSA with preliminary reports and CVs from Dr. James G. Tappan, M.D., FACOG, FACS, a board-certified obstetrician, Dr. Donald M. Null, M.D., a neonatologist, and Nurse Martha Beach. App. 6, CR 57-450; App. 8, CR 453-490, App. 10, CR 491-506. Bot... | Party Submissions | 7.262791 | 7.82664 | 7.74629 |
Enacted by Acts 1993, 73rd Leg., ch. 269 (H.B. 752), § 1, effective September 1, 1993; am. Acts 1997, 75th Leg., ch. 1443 (H.B. 3522), § 1, effective September 1, 1997; am. Acts 2003, 78th Leg., ch. 275 (H.B. 2095), § 2, effective September 1, 2003; am. Acts 2005, 79th Leg., ch. 265 (H.B. 7), § 3.003, effective Septemb... | Party Submissions | 1.758381 | 1.795628 | 1.75524 |
To establish requirements for the Federal Trade Commission with respect to certain rules related to automotive retailing, and for other purposes. | Legislation | 14.409118 | 18.631094 | 15.597942 |
The fact that Wilson Plaintiffs would have sought offensive collateral estoppel on the Harpst judgment if the Harpst plaintiffs had won does not create privity between the Wilson and Harpst plaintiffs. I t’s important to note that the odds of Wilson Plaintiffs getting offensive collateral estoppel on a favorable Harpst... | Party Submissions | 9.143896 | 8.516169 | 9.674706 |
Except as otherwise provided under law, or the terms of the Long-Term Incentive Plan, or any other employee benefit plan in which Executive participates, Executive shall not be entitled to receive any additional compensation or benefits from the Company after the termination date. | Contract | 5.785769 | 6.496246 | 7.069932 |
There are several conflicting versions in the record regarding what Mann was doing, or not doing at the time of his injuries. Bay essentially argues that since most of the differing versions of the facts place Mann within the course and scope of employment, and Mann cannot himself contradict any of the several versions... | Party Submissions | 15.478654 | 17.961197 | 17.651379 |
Ru lin g o f th e Fo urth Co u rt o f Ap p e als The Opinion of the Court of Appeals (Tab 2) in this case employs an erroneous standard of review, which led to an erroneous review of the evidence in question. The Opinion notes that whether a trial court has personal jurisdiction over a non-resident Defendant is, “... a... | Party Submissions | 7.163753 | 7.686468 | 8.536294 |
This notion of “one order, one reviewing court” is all that was at issue in Griggs. Griggs concerned a party that tried to appeal a judgment while the District Court was still considering whether to alter that same judgment. Id., at 56, 103 S.Ct. 400. The Court held that the appeal needed to wait until after the Distri... | Party Submissions | 5.104362 | 5.753008 | 5.588214 |
Samson’s oral argument rebuttal assertion that compounding Late Charges is an issue “unaddressed by the trial court or either of the courts of appeals” is incorrect. The Hooks jury decided the issue (Oral Argument Exhs. 4 and 4.a-c), the Hooks trial judge decided the issue (Exh. 4.d), and the First Court of Appeals res... | Party Submissions | 15.312645 | 15.355057 | 16.100363 |
According to the undisputed summary-judgment evidence, on April 27, 2001, Douglas was employed at a hotel owned by Moody. During her lunch break, she sat on a curb in the loading dock area of the hotel while smoking a cigarette. A fellow employee inadvertently engaged the accelerator of a utility cart, causing [*2] it ... | Party Submissions | 7.301657 | 7.623366 | 8.87457 |
To achieve a balance between this public interest and the rights of property owners, a lis pendens can only be filed when “the suit on which the lis pendens is based ... claim[s] a direct interest in real property, not a collateral one.” 6 Id. at 293. If (like here) a party “seeks a property interest only to secure the... | Party Submissions | 8.325771 | 8.498811 | 8.816503 |
Second, Barina ignores Petitioners’ argument that the appellate court improperly focused its substantial-truth analysis in this defamation-by-gist claim on omitted materials rather than on what the Program actually said, veering dangerously close to re-establishing an already rejected tort of false light in Texas. Had ... | Party Submissions | 13.931696 | 15.457648 | 14.728098 |
The United States objects to Request No. 3.e for the same reasons stated above with respect to Request No. 3.a. | Legal Decisions | 8.390091 | 13.359831 | 15.02727 |
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 breach18 of the Claimant’s rights under Art. 319 of the France-Qatar BIT. | Legal Decisions | 12.166365 | 11.429831 | 13.447834 |
Respondents repeatedly insist that the court below merely analyzed the legal sufficiency of the “evidence” of Westwood’s constructive-eviction claim and concluded that Westwood’s withdrawal of its appeal amounted to “voluntarily abandon[ing] the premises” of its own accord. (Resp. 7, 8, 12, 16-17, 19, 21, 28) But that ... | Party Submissions | 8.282537 | 8.724787 | 9.354627 |
In short, Section 272.001 expressly authorizes a contractor performing work in Texas to void any provision seeking to fix forum in another state, which necessarily includes any contractual language purporting to “waive” objections to the forum-selection clause. A forum-selection clause and this sort of waiver language ... | Party Submissions | 7.002719 | 7.165138 | 7.346064 |
Value is agreed to be $X Square footage agreed to be X The roof is agreed to be composition The veneer is agreed to be brick The lot size is agreed to be X The age is agreed to be X years. Etc., etc., etc. A property owner could easily claim that when it reported the square footage to the appraisal district, it transpo... | Party Submissions | 14.902376 | 16.615107 | 15.688665 |
This Court previously recognized this unethical practice. See In re N. Cypress Med. Ctr. Operating Co., Ltd ., 559 S.W.3d 128 (Tex. 2018). Petitioners should be able to seek recourse under Chapter 12, as intended by the Legislature. Petitioners ask this Court to apply Chapter 12’s plain language and reverse the court o... | Party Submissions | 8.321508 | 7.86698 | 8.873529 |
As explained above, the requested documents will show when Obnova’s buildings were built. This determination is, in turn, relevant and material to rebut Serbia’s argument that Obnova’s buildings at Dunavska 17-19 were built before Obnova’s establishment and Obnova thus does not have any rights to these buildings.67 Ser... | Legal Decisions | 12.25512 | 13.396553 | 12.850772 |
This brief was prepared using Microsoft Word. Relying on the word count function in that software, I certify that this response contains 7,996 words (excluding the cover, tables, signature block, and certificates). | Party Submissions | 11.104324 | 16.884867 | 18.188126 |
This Invention and Non-Disclosure Agreement (this “Agreement”) is made by and between OneSpan North America, Inc. (hereinafter referred to as the “Company”), and Matthew Moynahan (“you”). | Contract | 6.617649 | 5.815133 | 6.997507 |
R, M : Claimants failed to demonstrate how requested documents are relevant to its case and material for the outcome of the proceedings. In particular, Claimants failed to explain how the opinion of the Secretariat for Transport – Department is relevant to the question of Obnova’s alleged property rights or material to... | Legal Decisions | 13.259588 | 12.580922 | 13.110402 |
More examples of anti-waiver language may be found in other codes. Of these, section 143A.003 of the Civil Practice and Remedies Code is especially noteworthy. | Party Submissions | 10.606941 | 11.287881 | 12.772034 |
DEBTS, LAWSUITS AND CAUSES OF ACTION OF WHATEVER NATURE AND CHARACTER, WHETHER ARISING OUT OF OR RELATED TO CONTRACT (INCLUDING, WITHOUT LIMITATION, RELATED TO DELAYED DELIVERY, NONDELIVERY, PRODUCT QUALITY OR DEFECTIVE PRODUCT), TORT, STRICT LIABILITY, BREACH OF WARRANTY, PRODUCTS LIABILITY, MISREPRESENTATION, VIOLATI... | Contract | 3.361325 | 2.87035 | 3.897693 |
The two-year statute of limitations in Section 51.003(a) of the Texas Property Code bars Yellowfin from pursuing Ms. Santos’s unpaid debt more than twelve years after foreclosure of her home. Section 51.003(a) ’s text plainly covers deficiency actions brought by non-foreclosing junior lenders, and to hold otherwise, as... | Party Submissions | 7.750548 | 7.537848 | 8.195717 |
To express the sense of the Senate regarding the constitutional right of State Governors to repel the dangerous ongoing invasion across the United States southern border. | Legislation | 21.944136 | 15.45235 | 26.314112 |
Id. At *2, citing Cockerham, 527 S.W.2d at 168. Thus, where husband purchased the home using separate property but took title in both spouses’ names, the presumption arose that he intended to make a gift to wife of one-half of the property. Id. Husband testified that he did not intend to make such a gift, which rebutte... | Party Submissions | 5.755609 | 6.177359 | 5.644188 |
For the reasons stated above, the Walkers pray that this Court grant review, reverse the judgment of the intermediate court, and remand the cause to the trial court for further proceedings. The Walkers further pray for such other and further relief as to which they may be entitled. | Party Submissions | 5.430326 | 6.596525 | 7.313242 |
In turn, “Defterios assured [the underlying plaintiffs] that Flaven was a trust-fund beneficiary able to close the deal.” Lawyers’ Brief at 15. | Party Submissions | 49.337605 | 47.218506 | 65.90752 |
In addition, the Request seeks the production of all documents “between and/or among Respondent”. This is overly broad for the reasons set out in relation to Request 9 supra, which apply here mutatis mutandis . | Legal Decisions | 15.341169 | 22.029993 | 21.80136 |
One of our sister courts has recently applied these Penn Central factors to a group of bars complaining of emergency orders during the Covid-19 pandemic and alleging a taking; we find that court’s analysis persuasive. See Stand for Something Grp. Live, LLC v. Abbott, No. 13-21-00017-CV, 2022 WL 11485464 (Tex. App.— Cor... | Party Submissions | 8.178329 | 7.500335 | 8.973818 |
Claimant’s 2013 Contract with Respondent, i.e. how many gallons of AC-30 are outstanding to be supplied and stored. The executive summaries, like those cited in paragraph 91 of Mr. Abu Naba’a’s witness statement, will evidence that the Department of Importation and Supply of Asphalt shared the same interpretation of th... | Legal Decisions | 9.216621 | 8.721277 | 9.057808 |
Claimants request that the Tribunal order Respondent to produce all documents described in this January 20, 2017 to the present, that are in the possession, custody, or control of USTR, the State Department, and the Request No. | Legal Decisions | 11.635049 | 11.465241 | 14.218828 |
On March 2, 2021, Abbott issued an order stating that “there are no Covid-19-related operating limits for any business or other establishment [in Texas].” GA- – 5– 34.2 Shortly after, appellees filed their joint Supplemental Plea to the Jurisdiction, arguing that the trial court lacked jurisdiction over Galovelho’s equ... | Party Submissions | 8.020363 | 8.449594 | 9.320136 |
It is unclear what Serbia is actually arguing on this issue. To begin with, Serbia argues that searching for responsive documents would put Serbia “ in the difficult position of searching both physical archives and 151 Article 5(2) of the Law on Free Access to the Information of Public Importance states that everyone h... | Legal Decisions | 8.773026 | 9.538505 | 9.66234 |
The issue is limited. Texas Occupations Code § 2301.467(a)(1) states that distributors and manufacturers cannot “require” a franchised dealer to adhere to an unreasonable sales standard. World Car’s § 2301.467(a)(1) argument is that HMA unreasonably demanded that its dealers be 100% “sales efficient”— applying real con... | Party Submissions | 10.154167 | 10.227561 | 10.865521 |
To amend the Internal Revenue Code of 1986 to impose a tax on the purchase of single-family homes by certain large investors, and for other purposes. | Legislation | 3.803764 | 3.801973 | 3.952283 |
Likewise, before the court of appeals could validly conclude the trial court abused its discretion, it too needed to review the contracts and not simply assume the Subcontract incorporated the MCC’s forum-selection/choice of law and waiver provisions. In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (ori... | Party Submissions | 5.271864 | 5.062198 | 5.630243 |
Counsel for Respondent I hereby certify that a true and correct copy of Respondent’s Oral Argument Exhibits has been served on the following counsel of record via e-service in accordance with the Texas Rules of Appellate Procedure, on this 9th day of January, 2024. | Party Submissions | 5.790344 | 5.864811 | 7.328568 |
The majority’s second case citation dealt with an altogether different question, arising from an allegation that a member of a special litigation committee was so dominated by the company controller that she could not fairly consider a litigation demand. The Delaware Chancery Court held this assertion was “beyond the b... | Party Submissions | 9.189782 | 9.702513 | 10.779601 |
The Advance shall be made either by a transfer initiated by the Lender pursuant to cash concentration agreements or by a manual transfer from the Lender to the Borrower. | Contract | 16.094717 | 14.405381 | 22.329557 |
Petitioners Dr. Rahul K. Nath and Usha Nath respectfully request the Court grant their motion for rehearing and petition for review, and reverse and remand to the trial court for litigation of their claims. In the alternative, the Naths pray the Court remand the Hospitals’ attorney’s fees claims with instructions that ... | Party Submissions | 8.363872 | 7.696785 | 8.409647 |
Astonishingly, Nicaragua appears to feign ignorance of the wide scope of this US Presidential Proclamation. Still, it would be hard to believe that Nicaragua (represented here in this Arbitration by its Attorney General and its US-based counsel) could be unaware of this barrier to entry for its officials. Without any d... | Party Submissions | 11.447175 | 12.356077 | 13.186164 |
If the Court chooses to address Dr. Castillo’s qualifications objections, the Walkers’ experts were not qualified to opine on causation. Dr. Tappan was not qualified to offer opinions about H.W.’s neurological injuries or their cause(s); he offered no facts in his report or CV to establish his qualifications to offer t... | Party Submissions | 8.520213 | 8.867163 | 8.966958 |
Thus, the determination of whether any type of claim is within the Act's exclusive jurisdiction depends on whether the claim is based on an entitlement of benefits. Fodge, 63 S.W.3d at 804; Henry v. Dillard Dept. Stores, Inc., 70 S.W.3d 808, 809 (Tex. 2002) (holding that the trial court did not have jurisdiction to adj... | Party Submissions | 5.565441 | 5.247218 | 5.646668 |
On August 14, 2020, the trial court issued an order purporting to support resolution of jurisdictional issues in an efficient manner. The order required Galovelho to seek leave of court before further amending its pleadings. Shortly after, Galovelho’s interlocutory ap peal was voluntarily dismissed and remanded to the ... | Party Submissions | 6.019307 | 6.075201 | 6.476165 |
On appeal, Grant asserts that the order should be reversed because the trial court ignored her, failed to consider evidence, allowed judicial misconduct, and violated her due process and equal protection rights. We review the trial court’s order requiring payment of costs for an abuse of discretion. In re R.J., No. 02-... | Party Submissions | 3.828843 | 4.363794 | 4.381625 |
Not all bonuses are paid after the fact. Professional athletes, for example, may receive a bonus for signing an employment agreement which is referable to the entire length of the contract. Treating such a bonus as purely separate or purely community depending on when it is received would be inconsistent with the law’s... | Party Submissions | 14.361103 | 15.953293 | 17.68155 |
To the extent that Respondent invokes the deliberative process privilege unde r Article 9.2(b) of the IBA Rules, Respondent must show that the requested documents are subject to that privilege within the scope of Article 9.2(b). | Legal Decisions | 8.421463 | 8.812113 | 10.118522 |
Merely reciting the wording of the statute (that the Contract was “properly executed”) is simply making a legal conclusion. Liberty was required to plead facts, not conclusions, that “affirmatively demonstrate that. .. immunity from suit has been waived.” In other words, they were required to plead facts that support t... | Party Submissions | 7.801277 | 7.836807 | 8.640519 |
The Walkers’ real problem is that only Dr. Tappan addresses foreseeability, and he limits his opinion to one sentence: that “[i]t was foreseeable to an ordinarily prudent obstetrician that failure to deliver by reverse breech extraction might reasonably result in traumatic extraction ... and trauma, including the incre... | Party Submissions | 13.959346 | 15.561087 | 15.53558 |
Company’s choice. The foregoing right of indemnification will not be available to a Covered Person to the extent that a court of competent jurisdiction in a final judgment or other final adjudication, in either case, not subject to further appeal, determines that the acts or omissions of such Covered Person giving rise... | Contract | 2.567827 | 2.635828 | 3.085657 |
USMCA does not exclude Claimants’ claims. Annex 14-C of USMCA allows investors holding legacy investments to 70 Commentary on the revised text of the 2020 IBA Rules on the Taking of Evidence in International Arbitration, at 9 (Jan. 2021) (“Article 3.3 [of the IBA Rules] is designed to prevent a broad ‘fishing expeditio... | Legal Decisions | 7.145689 | 6.984071 | 7.558289 |
At the outset, this test is “particularly dependent on a fully-developed factual record.” Id. at 715. But that is another reason why mandamus is improper. As this Court recognized in a parallel context, resolving whether the First Amendment would allow for mandamus here “necessarily requires factual determinations.” Id... | Party Submissions | 9.049503 | 9.124953 | 9.634768 |
The Borrower agrees to pay on demand all losses and all costs and expenses, if any, in connection with the enforcement of this Agreement, the Note and any instruments or other documents delivered under this Agreement or the Note, including, without limitation, losses, costs and expenses sustained as a result of a defau... | Contract | 3.964766 | 3.874241 | 5.232121 |
The survey design shall take into account the Guidelines for statistically sound and risk-based surveys of Agrilus planipennis. The survey design and sampling scheme used for detection surveys shall be able to identify with at least 95 % confidence, a level of presence of the specified pest of 1 %. | Legislation | 16.585707 | 15.733413 | 17.911674 |
Here, Husband was employed with Bank of America for eight years (from -2002 to 201 0) before marriage. It is undisputed that Husband made contributions to a401(k) prior to marriage. Wife introduced paystubs from 2005 to 2010 showing he contributed $20,648.23 to the retirement account. Husband neither presented evidence... | Party Submissions | 8.539253 | 10.015791 | 9.759272 |
Respondents acknowledge that the result in Kemp turned mainly on the fact that the tenant lacked the legitimate “right of possession” to the property necessary to maintain a constructive-eviction claim. (Resp. 34, citing Kemp, 2020 WL 205313, at *4) Respondents claim that they too challenged Westwood’s right of possess... | Party Submissions | 6.216602 | 6.328569 | 6.745857 |
Convention Article 61(2); Administrative and Financial Regulation 15; Arbitration Rule 50 10.1. The Parties shall cover the direct costs of the proceeding in equal parts, without prejudice to the final decision of the Tribunal as to the allocation of costs. | Legal Decisions | 8.900625 | 9.442092 | 11.012404 |
Midland, a public entity shielded from suit by governmental immunity, submitted an evidentiary Plea to the Jurisdiction to the Trial Court, and the Trial Court granted that plea. Weatherford failed to meet its burden to submit rebuttal evidence that its chosen statute, the SWDA, is in any way applicable to Midland so a... | Party Submissions | 10.682013 | 11.990068 | 11.092218 |
At minimum, the El Paso court’s decision would cause confusion in future dealings and legal proceedings. The El Paso court created conflicting precedents, or at least confusion, on a statutory-interpretation issue that is critical for the entire auto industry. | Party Submissions | 19.07093 | 18.04424 | 20.758179 |
To amend title 49, United States Code, to establish a program to provide grants to eligible recipients for eligible operating support costs of public transportation, and for other purposes. | Legislation | 6.588118 | 4.322899 | 6.402948 |
E. Neither Lessee nor its purchaser of production· shall be authorized to make any deductions or adjustments against present or future royalty payments for royalty amounts previously paid without first giving Lessor or royalty owner thirty (30) days advanced notice of same along with a full explanation of such overpaym... | Party Submissions | 6.237237 | 6.091001 | 6.50933 |
Id. at 814–15. A hearing officer eventually determined the employee sustained a compensable injury. Id. at 815. However, an appeals panel reversed and remanded for further factual determinations on the compensability issue. | Party Submissions | 6.809627 | 7.349698 | 8.182973 |
Enacted by Acts 1995, 74th Leg., ch. 136 (S.B. 28), § 1, effective September 1, 1995; am. Acts 2003, 78th Leg., ch. 204 (H.B. 4), §§ 4.03, 4.04, 4.10(2), effective September 1, 2003; am. Acts 2011, 82nd Leg., ch. 203 (H.B. 274), §§ 5.01, 5.02, effective September 1, 2011. | Party Submissions | 2.289156 | 2.459767 | 2.414184 |
The Court also rejected the plaintiff’s argument that the a greement's silence with respect to costs and fees creates a “risk” that she will be required to bear prohibitive arbitration costs if she pursues her claims in an arbitral forum, and thereby forces her to forgo any claims she may have against petitioners. ” Id... | Party Submissions | 6.730931 | 6.804984 | 7.076541 |
Sunset Termination Provision Section 21 of the Guaranty states that the Guaranty terminates upon construction and completion of the historic tax credit rehabilitation of the Texaco Building. | Party Submissions | 14.462931 | 17.727541 | 21.47169 |
S.W.3d at 667. The expert explained the physician should have obtained certain heart rate information from the nurses, but that information was misreported. If the physician had known the correct information, he would have delivered the baby sooner. The expert also set out what happened to cause the injury (cord compre... | Party Submissions | 12.434901 | 13.63259 | 16.864742 |
The split among the courts of appeals compounds the problem by creating confusion among parties. Parties will not know whether a termination clause will effectively end a case, which can have a great impact on early settlement. | Party Submissions | 19.722263 | 25.209654 | 26.440159 |
Liberty asserts that all it had to do to satisfy its burden to show that the Contract was properly executed was to attach a copy of a contract with a signature on it and assert in its pleadings that the Contract was “properly executed.” Liberty’s actual burden was to “allege facts that affirmatively demonstrate that. .... | Party Submissions | 7.651463 | 8.642691 | 9.135546 |
In Houston Cement Co. v. Harris County Appraisal District, No. 14-12-00491-CV, 2013 WL 3243281, at *2 (Tex. App.—Houston [14th Dist.] June 25, 2013, no pet. ), the Fourteenth Court of Appeals held there was no subject matter jurisdiction when an agreement such as the one in this case is made between a taxpayer and an a... | Party Submissions | 3.672074 | 3.912535 | 3.651453 |
Here, between the medical-ese of Dr. Tappan’s report and Dr. Null’s terse, conclusory opinion, the Amarillo Court of Appeals properly concluded neither report—standing alone or read in tandem with the other—sufficiently explained factually how and why Dr. Castillo’s alleged departures from the standards of care were a ... | Party Submissions | 13.101007 | 14.457033 | 14.593151 |
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