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Respondents ignore that Oncor asserts the Uniform Declaratory Judgments Act (“UDJA”) as an alternate theory of jurisdiction not to correct the Wilbarger County appraisal roll, but only to determine the validity and scope of the 2019 settlement agreement under Tax Code section 1.111(e). Oncor made this clear in its init... | Party Submissions | 9.363519 | 11.534264 | 10.795527 |
Dr. Castillo has never criticized Dr. Tappan’s expertise as an obstetrician-gynecologist or his qualifications to offer opinions about obstetrical standards of care. The Walkers are right in urging Dr. Tappan has significant experience managing labor and delivery, treatment of pregnant women, and treatment necessary fo... | Party Submissions | 10.982663 | 11.101009 | 12.473818 |
Galovelho pled two types of regulatory takings claims against the appellees: a categorical taking pursuant to Lucas, 505 U.S. at 1019 and a traditional taking pursuant to Penn Central, 438 U.S. at 124. | Party Submissions | 6.449396 | 7.81089 | 7.253499 |
To direct the Administrator of the Federal Emergency Management Agency to conduct a review of the criteria for evaluating the cost-effectiveness of certain mitigation projects, and for other purposes. | Legislation | 4.785509 | 4.173949 | 5.125155 |
The Walkers also overstate the Amarillo Court’s reliance on this Court’s decision in Pediatrics Cool Care v. Thompson, 649 S.W.3d 152 (Tex. 2022). The Court of Appeals cited Thompson twice, once for the same proposition found in Jelinek v. Casas, 328 S.W.3d 526 (Tex. 2010)—that expert reports must explain how and why c... | Party Submissions | 8.044337 | 8.041902 | 8.637555 |
Texas Bar No. 01323555 roy.armstrong@texasarb.com 218 Beimer St. Taos, New Mexico 87571 575-751-4818 Voice Attorneys for Mills County ARB This computer-generated document complies with the word-count limitations set forth in TEX. R. APP. P. 9.4(i) because it contains 4244 words, excluding the parts of this document exe... | Party Submissions | 6.57608 | 7.493423 | 9.61794 |
And as this diagram illustrates, those two spheres of authority do not overlap. Indeed, to reinforce the boundary between those two spheres, Section 31.004(a) and Section 24.008 prohibit the issues related to the award of immediate possession adjudicated in the inferior justice of the peace court from having any effect... | Party Submissions | 14.214408 | 12.980834 | 17.499 |
Nor is the Tribunal persuaded that the conduct of the Claimant or its counsel in the present arbitration constitutes an exceptional circumstance justifying an order for security for costs. | Legal Decisions | 8.523356 | 9.261231 | 11.559511 |
HN12 [ ] A writ of mandamus will issue when a trial court does not abate [*22] a tort suit while a suit for judicial review of a DWC decision is pending. See Louisiana-Pac., 112 S.W.3d at 189-90 (affording mandamus relief where trial court failed to abate tort litigation while suit for judicial review of Workers' Compe... | Party Submissions | 5.979556 | 6.665634 | 6.867562 |
To enhance the Federal Government’s planning and preparation for extreme weather and the Federal Government’s dissemination of best practices to respond to extreme weather, thereby increasing resilience, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weath... | Legislation | 8.732777 | 8.195639 | 10.245343 |
In Del Lago, this Court also rejected the argument that an owner has no duty to warn or protect the patrons where a danger is “known or obvious.” Del Lago, 307 S.W.3d at 774. As this Court explained, this theory has an exception where “the possessor should anticipate the harm despite such knowledge or obviousness.” Id.... | Party Submissions | 6.059744 | 6.356296 | 6.966735 |
BSA disagrees with the Walkers’ statement of jurisdiction. There is no reason for this Court to exercise jurisdiction over the petition. See Tex. Gov’t Code § 22.001(a). The court of appeals used the basic causation principles applicable to Chapter 74 preliminary expert report cases in determining that the expert repor... | Party Submissions | 9.100117 | 9.552572 | 9.614403 |
To amend title 18, United States Code, to revise recidivist penalty provisions for child sexual exploitation offenses to uniformly account for prior military convictions, thereby ensuring parity among Federal, State, and military convictions, and for other purposes. | Legislation | 6.203044 | 6.18573 | 6.300197 |
Order No. 1 that the Tribunal had requested they give further consideration. 31. On February 13, 2020, the Parties submitted further comments on the procedural calendar. | Legal Decisions | 14.393435 | 15.514285 | 19.438068 |
Kemp ’s true holding is far narrower and has nothing to do with any categorical rule that a tenant’s compliance with the result in a forcible entry and detainer proceeding categorically bars the tenant from pursuing a claim for damages in district court. As Respondents eventually admit (Resp. 34), Kemp turned on whethe... | Party Submissions | 9.370942 | 10.48947 | 11.252418 |
In sum, the paraphrased instruction on which the court of appeals reversed amounted to harmful error. The court of appeals properly reversed on this basis. | Party Submissions | 12.27583 | 15.258191 | 15.759268 |
The majority's rule also prevents courts from crafting case-specific solutions to balance all the interests at stake. Under the traditional discretionary-stay rule, for instance, a judge could allow the parties to conduct only the forms of discovery that would also be permitted in arbitration. That would save time and ... | Party Submissions | 13.178602 | 14.842544 | 15.547099 |
And in another case the Court considered whether a longstanding legal concept — the unlawful acts doctrine — was a proper affirmative defense that would bar the deceased plaintiff’s recovery because he ingested illegal drugs partly causing his death. See Dugger v. Arredondo, 408 S.w.3d 825, 829-36 (Tex. 2013). The doct... | Party Submissions | 7.028657 | 7.203207 | 7.29791 |
Policy Considerations Favor Collateral Estoppel/Issue Preclusion in this Case Relying on Restatement Section 29(7) in this case would extend it beyond its purpose, i.e., so that collateral estoppel not “inappropriately foreclose opportunity for obtaining reconsideration of the legal rule” upon which an issue of law was... | Party Submissions | 9.429806 | 9.674687 | 10.422195 |
Respondents fare even worse in trying to distinguish Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909 (Tex. 2013). Respondents’ focus on statements from Coinmach that have no bearing on this case—such as that a tenant who “defeats an eviction suit can still be liable for trespass” (Resp. 40)—cannot change Co... | Party Submissions | 5.089778 | 5.712814 | 5.5452 |
Historically, it has not been entirely obvious that the crab, including the snow crab, is considered a sedentary species according to the Convention on the Law of the Sea Article 77 (4). The content of the provision was little discussed during the Conference on the Law of the Sea, other than that a proposal from severa... | Legal Decisions | 10.696179 | 10.671546 | 10.421636 |
Oncor cites to Matagorda Cty. Appraisal Dist. v. Coastal Liquids Partners, 165 S.W.3d 29 (Tex. 2005) for the proposition that this Court has held that settlement agreements are merits defenses and not jurisdictional. The proposition is undiscernible from the words of the case. | Party Submissions | 8.169733 | 10.109459 | 9.403601 |
The court of appeals’ decision exceeds the origin and intended purpose of the judicial-proceeding privilege and is contrary to this Court’s recent explanation and application of the privilege. The privilege began with the holding that “[c]ommunications in the due course of a judicial proceeding will not serve as the ba... | Party Submissions | 4.770014 | 5.050509 | 4.835289 |
MEMORANDUM OPINION Appellant, Patricia A. Grant, acting pro se, appeals from a final judgment partitioning real property in Fayette County and from an order requiring payment of court costs. 1 We affirm both decisions. | Party Submissions | 7.343418 | 8.217943 | 9.555355 |
The most current abatement of Sonic's contract claims began approximately twenty-nine months ago, on October 23, 2003, based upon the doctrine of primary jurisdiction. And, should [**34] Sonic pursue an appeal of our ruling in the judicial review case, its ability to pursue the contract [*482] claims will be further de... | Party Submissions | 9.161236 | 8.687315 | 9.843505 |
The initial demarcation of the infested zone shall be immediately followed by a delimiting survey, with a design and sampling scheme allowing to detect, with a 95 % level of confidence, a 1 % presence of infested plants. | Legislation | 14.707122 | 18.252853 | 16.913912 |
Both principal and interest are payable in the same currency in which the Loan was made to the order of the Borrower at such place as the Borrower shall direct in writing. | Contract | 6.391427 | 9.415932 | 10.421874 |
The Walkers provide an example they believe shows the Court of Appeals’ error: its conclusion that neither expert linked H.W.’s asphyxia event to his stroke. (Pet. Br. at 30-31). They argue that Dr. Tappan set the stage by relating facts that put H.W. at risk for hypoxic-ischemic encephalopathy, and stating how H.W.’s ... | Party Submissions | 7.496892 | 7.828312 | 7.756695 |
This case involves questions of law that are important to the jurisprudence of the state of Texas. First, the abuse of discretion standard of review, applicable to family law cases generally, lacks clear definition considering this Court’s recent recitation of the standard in the Bradshaw case. Bradshaw v. Bradshaw, 55... | Party Submissions | 6.065184 | 5.675393 | 6.392372 |
I certify that the foregoing Reply Brief on the Merits complies with Texas Rule of Appellate Procedure 9.4 because it contains 7,414 words and has been prepared in a proportionally spaced typeface, using Microsoft Word via Microsoft Office 365 ProPlus, in 14-point Bookman Old Style font for text and 12-point Bookman Ol... | Party Submissions | 4.978227 | 5.897135 | 6.50817 |
Alonzo v. Lampkin involved a malpractice claim against a gynecologic surgeon who purportedly nicked plaintiff’s bowel during a hysterectomy, resulting in myriad alleged cognitive problems and infections. Alonzo v. Lampkin, No. 07-12-00030-CV, 2013 WL 6073431 at *1 (Tex. App.—Amarillo 2013, no pet.) (mem. op.). When the... | Party Submissions | 4.331919 | 4.437234 | 4.485808 |
The Lawyers objected to the two paragraphs because they were “a redundancy and to the extent they don’t repeat what’s in the statute, then it would be an error of statement of law.” (11RR213) The Lawyers then objected that the language in the paragraphs came from an earlier trial in the case and from the court of appea... | Party Submissions | 8.981998 | 9.184968 | 9.39156 |
Merely satisfying the procedural steps to secure a lien does not ensure that the secured lien is not fraudulent. If it did, then no person could challenge a “secured” lien created and used in bad faith or a lien filed with the intent to cause financial injury. The two statutes at issue serve vastly different purposes. ... | Party Submissions | 5.746656 | 5.593835 | 6.216811 |
The Austin court held that because the guarantor breached the guaranty contract before the termination, the termination did not release the landlord’s claim against it. Id. at *3. “Under settled Texas law, ‘a claim for breach of contract accrues when the contract is breached.’” Id. (quoting Cosgrove v. Cade, 468 S.W.3d... | Party Submissions | 4.569521 | 4.607903 | 4.739416 |
If the bonus is retrospective, and not guaranteed, a clause apportioning it to the spouses if, when, and as received would cause both spouses to share the risk that no bonus will be received. Where the employee spouse controls the amount of the bonus, the issue of dividing a possible future bonus is more complex. Becau... | Party Submissions | 10.05643 | 10.924377 | 10.390539 |
In April of 2000, Real Parties in Interest, Maria and Donacino Gaona, Individually and as Representatives of the Estate of Reynaldo Gaona, filed the underlying suit in Harris County against Tyler and the manufacturer and owner of the power sprayer. The Gaonas allege Reynaldo's death was caused by Tyler's negligence. Ty... | Party Submissions | 4.604124 | 4.942891 | 5.228197 |
To amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivisions of States, in the enforcement of Federal immigration laws, and for other purposes. | Legislation | 4.607777 | 3.166733 | 4.707557 |
To require the Secretary of Agriculture to convey certain National Forest System land in the Chequamegon-Nicolet National Forest to Tony’s Wabeno Redi-Mix, LLC, and for other purposes. | Legislation | 7.685943 | 7.189338 | 6.88092 |
The Claimant has not established that the requested documents are likely to exist or are otherwise in the Respondent’s posession, custory or control. | Legal Decisions | 13.990562 | 11.401905 | 17.221548 |
IN WITNESS WHEREOF, the Company has caused this Amendment to be duly executed on its behalf by an officer thereunto duly authorized and Executive has duly executed this Amendment, effective as of the date and year first written above. | Contract | 2.743127 | 3.395637 | 3.561834 |
Mann timely objected to the affidavit of Pamela McShann 43 for two reasons: 1) Mr. Mann was obviously represented by counsel at the time that Pamela McShann allegedly records a statement to be used against Mann later. Pamela McShann represented Bay' workers' compensation carrier who had already denied coverage for Mann... | Party Submissions | 13.645294 | 14.327816 | 16.204748 |
Thus, vast numbers of individualized issues are raised by the myriad contractual provisions that bear on the substance of, and the forum for 4 litigating, the breach of fiduciary duty claims in this case. ...Accordingly, this action is inappropriate for certification as a Rule 23(b)(3) class. (VII CR 4139). | Party Submissions | 13.607978 | 12.969824 | 15.935058 |
Indemnification. The Participating Employers shall indemnify and hold harmless each employee, officer, director, agent or organization, to whom or to which are delegated duties, responsibilities, and authority under the Plan or otherwise with respect to administration of the Plan, including, without limitation, the Com... | Contract | 4.129731 | 3.851762 | 4.264598 |
To apply user fees with respect to tobacco products deemed subject to the requirements of chapter IX of the Federal Food, Drug, and Cosmetic Act. | Legislation | 11.470015 | 10.992765 | 13.184391 |
As in Tatum, Hall, and Huckabee, the Program speaks to a broad social controversy—the exploitative nature of this country’s guardianship systems—and 6 The article did not include Rosenthal’s explanation, or meaningfully attempt to obtain her comment. Id. at 432. | Party Submissions | 36.17466 | 38.20859 | 45.595413 |
Heath represented that there was no right to a jury trial because he was no asserting a separate property claim, and on this basis alone the trial court denied a jury trial. Permitting this error in the deprivation of a constitutional right to escape scrutiny due to some claim of after-the-fact waiver is wrong and offe... | Party Submissions | 15.290529 | 15.286546 | 18.627256 |
The Clerk’s Record is cited “CR[Page#].” Specific page references when referring to items in the Clerk’s Record are to the CR page numbers, and not to the internal pagination of a particular document. | Party Submissions | 13.584973 | 13.697375 | 20.459848 |
The amended assignment ’s indemnity clause provides: [TX 1111] will indemnify [First NBC] against and hold [First NBC] free and harmless from any and all claims, demands, lawsuits, judgments, awards, costs and expenses, including, but not limited to, reasonable attorney fees, arising by reason of any loss or impairment... | Party Submissions | 10.419144 | 9.247082 | 12.361982 |
Fleming Defendants could have had this litigation concluded many years ago if they had not successfully defeated class certification. The trial court summarized their argument against class certification and the court’s agreement therewith at the time as follows: [Fleming] Defendants argue in response that common quest... | Party Submissions | 14.957176 | 13.146358 | 15.71387 |
McCarthy Subcontract -9-01-12-2017 Rev. waive all rights of subrogation against McCarthy, Owner and others as required by the Contract Documents; (c) The Commercial General Liability Policy of the PEO, leasing company, temporary employment or casual labor agency shall name McCarthy, Owner and others as required by the ... | Party Submissions | 5.946021 | 5.074079 | 6.291085 |
Those assertions, although not fulsome, were sufficient to allege that 14 In any event, there was evidence that the trial judge would have had no legal basis to deny the motion. 6 RR 123, 222-23, 249; 8 RR 190. | Party Submissions | 13.179899 | 14.748482 | 17.910398 |
By its fourth issue, Bay argues that Mann was in the course and scope of his employment at the time of his injury. | Party Submissions | 17.783445 | 31.402235 | 43.12233 |
THE SHARES ISSUABLE UPON VESTING OF THIS AWARD WILL NOT BE RELEASED TO YOU UNTIL ALL APPLICABLE TAX-RELATED ITEMS HAVE BEEN COLLECTED FROM YOU OR HAVE OTHERWISE BEEN PROVIDED FOR. | Contract | 4.18027 | 4.272798 | 6.039178 |
Respondent has conducted a reasonable search for the category of documents requested, and provides Claimant with the documents identified in the request that are in its possession, custody or control, as resulting from that search. | Legal Decisions | 12.293462 | 19.341578 | 15.236405 |
Petitioners demonstrated in their opening Brief that this Court could reverse the appellate court’s decision for the alternate reason that the court failed even to address Petitioners’ arguments that statements about which Barina complains most vociferously—the allegations of “exploitation” or describing guardianship p... | Party Submissions | 14.351824 | 16.083597 | 15.895693 |
See Respondent’s Memorial at para. 59. Claimants have shown that this assertion misconstrues the meaning of, and draws incorrect inferences from, Article 34.1. | Legal Decisions | 15.724683 | 16.459814 | 15.321329 |
The court of appeals never directly addressed this issue. The court suggested that the City had negated evidence of gross negligence by taking some steps to protect its patrons, including developing its “safety rules and policies.” Delapena, 2022 WL 16993493, at *8. But this cannot be reconciled with the City’s conscio... | Party Submissions | 8.603251 | 9.184742 | 9.314894 |
The Energy Secretariat shall issue a resolution with the economic dispatch rules to be applied by the DNDC to the energy and capacity transactions provided in Article 35(b) above. This rule shall provide that all generation companies shall receive a uniform price for the electricity they sell at each point of delivery ... | Legal Decisions | 13.162817 | 14.022708 | 12.81013 |
null | Party Submissions | null | null | null |
However, to avoid any confusion, the measures that are claimed in both arbitrations are: (i) the freezing or blocking of accounts, and (ii) the deposit of VAT refunds on one of the blocked accounts, in particular those deposited between April 2020 and January 4, 2023.64 82. At the outset, the Claimant wishes to point o... | Party Submissions | 10.587843 | 10.451016 | 11.610748 |
Vested Right “1. A right that so completely and definitely belongs to a person that it cannot be impaired or taken away without the person's consent. 2. A right that the holder can transmit by deed to others, and has transmitted to his or her heirs, in the event of the holder's dying intestate.” Right, Black's Law Dict... | Party Submissions | 8.120138 | 7.838683 | 7.557927 |
Because of his extended labor and traumatic delivery, H.W. had to be resuscitated and intubated in the operating room at only 3 minutes old. App. 7, 666. H.W. also had significant swelling and bruising in the left parietal/occipital region, which the medical records ascribed to “ birth trauma. ” App. 7, CR 667. | Party Submissions | 10.272708 | 10.534082 | 11.30159 |
The same is true of the Walkers’ reliance on Miller v. JSC Lake Highlands Operations, LP, 536 S.W.3d 510 (Tex. 2017). There, this Court reversed the Dallas Court of Appeals because it failed to consider the various experts’ reports together. Id. at 513-14. Again, that is not what happened here. | Party Submissions | 7.393222 | 7.875191 | 8.280994 |
Action from which Relator seeks relief: Justice Devine filed his ballot application on November 14, 2023. Respondent accepted Justice Devine’s application on December 1, 2023. Relator did nothing for several weeks, but then challenged Justice Devine’s application on December 27, 2023, asking Respondent to reject the ap... | Party Submissions | 5.91416 | 6.591313 | 6.646187 |
In this Court, Rafiei does not address any of these concerns; neither did the majority in the court of appeals’ opinion. Justice Jewell’s observation that “Rafiei’s evidence fails to address why any of these options for a reduced or deferred filing fee are unavailable to him[,]” id., remains true. II. Rafiei has not sh... | Party Submissions | 16.433952 | 17.995787 | 17.27299 |
And yet, seeking to rewrite the statute for the sake of public policy is precisely what Petitioner requests. Petitioner tries to transmute a statute of limitations into a statute of acceleration and accrual. Doing so would ignore the fact that Section 51.003 does not create any new rights, but merely regulates a right ... | Party Submissions | 7.239252 | 7.340603 | 7.541424 |
Petitioners cite several cases following Casteel and argue that this Court did not focus enough on the "specific errors" in those holdings and that, if it had, the Court would have seen that none of the cited cases are controlling here. 17 With a bullet-point listing of case holdings, Petitioners suggested that the fac... | Party Submissions | 18.207535 | 17.648193 | 20.067 |
Texas district courts have exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases in which jurisdiction is conferred on some other court, tribunal, or administrative body. Tex. Const. art. V, § 8. An administrative agency has exclusive jurisdiction when the Texas Legi... | Party Submissions | 4.797829 | 5.320859 | 5.213996 |
I certify that the foregoing Response Brief on the Merits complies with Texas Rule of Appellate Procedure 9.4 because it contains 9,357 words and has been prepared in a proportionally spaced typeface, using Microsoft Word via Microsoft Office 365 ProPlus, in 14-point Bookman Old Style font for text and 12-point Bookman... | Party Submissions | 5.485632 | 6.890769 | 7.433003 |
In the event of corporate transactions described in Treas. Reg. Section 1.409A-1(i)6), the identification of Specified Employees shall be determined in accordance with the default rules described therein, unless the Employer elects to utilize the available alternative methodology through designations made within the ti... | Contract | 8.324183 | 9.664096 | 10.373116 |
HSMiller’s objection to the third document, the bankruptcy court’s order on fees, likewise is groundless, in part because of HSMiller’s own arguments. HSMiller has relied on the bankruptcy plan to argue preemption and to inaccurately suggest that the bankruptcy proceedings were the normal fare. See Resp’s’s Br. at 28-3... | Party Submissions | 8.52118 | 8.319491 | 9.164993 |
Walker’s petition must also be rejected on the merits. First, mandamus relief would “transgress[] this Court’s settled limits on judicial interference with elec-tions,” In re Khanoyan, 637 S.W.3d at 767, as the primary election process is already well underway—indeed, further along than in Khanoyan itself. Second, whil... | Party Submissions | 10.971601 | 11.107327 | 11.656308 |
Instead of creating a new basis for liability, Section 51.003(a) set the statute of limitations for an action arising from a person ’s liability emanating from another source, such as a promissory note or a guaranty agreement. Sowell v. Int ’ l Interests, L.P., 416 S.W.3d 593, 597 (Tex. App.—Houston [14th Dist.] 2013, ... | Party Submissions | 4.215426 | 4.164866 | 4.26073 |
Notwithstanding anything in this paragraph to the contrary: (i) if a different definition of compensation has been designated by the Company with respect to another nonqualified deferred compensation plan in which a key employee participates, the definition of compensation shall be the definition provided in Treas. Reg... | Contract | 5.484667 | 5.546671 | 6.754756 |
The trial court was within its discretionary authority to find Dr. Null qualified to opine as to causation. See Roberts, 111 S.W.3d 113. V. The Court should grant review to ensure Chapter 74’s Nearly three years ago, the Abshire opinion confirmed that lower courts should not prematurely weigh a preliminary expert repor... | Party Submissions | 13.058919 | 12.066908 | 13.265463 |
The evidence shows Terry was acutely aware that Flaven was a problem and knew there was a risk. The evidence also shows that regardless of what Flaven did, HSMiller and its agent Defterios were going to have credibility problems before the jury. To a great extent the evidence supports a conclusion that this was a “damn... | Party Submissions | 12.848153 | 12.604978 | 13.373847 |
The decision below transgresses the boundary between those separate spheres. And Respondents barely attempt to argue otherwise. They simply try to make the decision mean something other than what it actually says. | Party Submissions | 20.476015 | 24.643051 | 29.213772 |
HN1 [ ] Administrative Proceedings, Costs & Attorney Fees Tex. Lab. Code Ann. § 408.221(c) provides for a carrier's liability for a claimant's attorney's fees if the claimant prevails in the carrier's action for judicial review. | Party Submissions | 7.975694 | 8.729137 | 8.950486 |
Bay also alleges that it has standing to initiate a proceeding at the Division as a subclaimant. However, even if Bay could prove that it properly preserved a claim as a subclaimant, that tactic will not accomplish what it desires. Citing the Texas Supreme Court in Franks v. Sematech, Inc. 936 S.W.2d 959, 960 (Tex. 199... | Party Submissions | 7.356001 | 7.561099 | 7.527899 |
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 |
Being part of the management team of a Texas Corporation is an obvious availment of the Respondent’s right to do business in Texas, and clearly embraces the possibility that he may be haled into Texas Courts. | Party Submissions | 17.88425 | 18.220797 | 19.169212 |
Mr Broshko alleges that he decided to invest in Obnova's shares independently from Mr Rand (in November 2017, indirectly through MLI) because he believed that Obnova would either be able to resolve the issue with the 2013 DRP or be awarded compensation due under Serbian law. Mr Broshko argues that the lack of compensat... | Legal Decisions | 21.548363 | 20.946932 | 21.997364 |
We believe the reasoning in Mantas is equally applicable here. Claiming that Gaetjen has sustained a compensable injury, Luby's has asserted the exclusive remedy defense to Gaetjen's negligence claim. See TEX. LAB.CODE ANN. § 408.001(a) (Vernon 1996) (“recovery of workers compensation benefits is the exclusive remedy o... | Party Submissions | 5.736797 | 6.515294 | 6.634683 |
This mandamus proceeding arises out of a negligence suit filed by Elizabeth Gaetjen (“Gaetjen”) against her employer, Luby's Cafeterias, Inc. (“Luby's”), after Gaetjen was sexually assaulted in the workplace by a fellow employee. The relator, Luby's, contends the trial court abused its discretion by refusing to abate t... | Party Submissions | 4.338175 | 4.57636 | 4.606329 |
This was and remains a garden-variety immunity case. It presents no novel questions of law, but rather is simply another case in which a plaintiff failed to satisfy the simple evidentiary burden imposed on it when presented with a Miranda Plea to the Jurisdiction. For the foregoing reasons, Midland respectfully request... | Party Submissions | 11.129755 | 12.840274 | 13.486074 |
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 to address harmful algal blooms, and for other purposes. | Legislation | 2.684027 | 2.319892 | 2.567469 |
The record in this case reflects that, prior to Catiana’s death, the City hired a risk management consultant to evaluate the City’s operation of Buttercup Pool. The consultant’s report, written approximately six weeks before the incident, specifically found that Buttercup Pool’s use of two lifeguard stands, one coverin... | Party Submissions | 7.107194 | 7.322409 | 7.495629 |
R, M : Claimants failed to demonstrate how requested documents are relevant to its case and material for the outcome of the proceedings. This is a classic "fishing expedition". Claimants are seeking any underlying documentation which might not support the decision to place the bus loop on the Dunavska Plots, but they h... | Legal Decisions | 13.957286 | 13.532806 | 14.161278 |
If a sales standard is set at 100 widgets but only 50 widgets are available for resale purchase, that 100 widget sales standard cannot be satisfied and is plainly not reasonable without knowing if there are supportable intervening circumstances and facts. | Party Submissions | 20.814264 | 26.233774 | 22.050467 |
Walker has neither complied with this Court’s rules in seeking mandamus relief nor is he entitled to it on the merits. This Court should summarily deny the petition for at least three independent reasons. | Party Submissions | 11.200684 | 10.842335 | 12.953764 |
Respondent’s interpretation of controlling precedent misses the mark while seeking to obscure the elephant in the room to their benefit. | Party Submissions | 24.555464 | 21.410147 | 24.39159 |
The opinion below not only undermines these authorities, but also directly contradicts decisions reached by other intermediate appellate courts on almost identical facts. See Cornejo, 446 S.W.3d at 125; McKellar, 367 S.W.3d at 486. | Party Submissions | 7.370842 | 7.832931 | 8.099974 |
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the documents from the Cadastre, in accordance with the applicable regulations.287 In other words, the requested documents are "in public domain, and are equally and effectively available to both parties".288 Respondent, just like Claimants... | Legal Decisions | 13.297866 | 13.088206 | 13.830322 |
In July of 2019, twenty-year-old Bruno succumbed to injuries caused by heat stroke sustained while working on a construction site overseen by subcontractor Hellas Construction, Inc. Whether Bruno was a Hellas employee at the time of injury is the crux of the litigation in the two courts below. Whether DWC had jurisdict... | Party Submissions | 11.282394 | 10.611547 | 12.521841 |
In addition, Morris v. Kohls-York, 164 SW3d 686 (Tex. App. -Austin, 2005, rev. dism’d) notes that “Corporate agents are individually liable for fraudulent or tortious acts committed while in the service of their corporation.” At 695. | Party Submissions | 9.692028 | 9.425374 | 10.354529 |
Justice John Devine, the Real Party in Interest, filed an application for a place on the 2024 Republican General Primary Ballot, seeking the office of Justice, Texas Supreme Court, Place 4. Ex.C.1 Justice Devine filed his application on November 14, 2023. Ex.C. Pursuant to Tex. Elec. Code §141.035, the application was ... | Party Submissions | 4.681016 | 5.329191 | 5.216874 |
The Tribunal considers however that a provisional measure of the type requested by the Claimant, concerning the VAT refunds to which PEM is entitled, in order not to aggravate the dispute and to maintain the status quo, cannot cover actions by the Respondent that predate the relevant request (4 January 2023).53 63. As ... | Party Submissions | 11.230093 | 11.052884 | 11.597925 |
Second, this Court has never held that a breach of a contractual duty alone qualifies a person as an RTP in a tort case. Conceptually, logically, and legally a breach of contract by itself does not support a tort claim and does not cause damages in tort. As discussed below, for a breach of contract to be actionable in ... | Party Submissions | 8.288793 | 8.737355 | 10.199122 |
To ensure that women seeking an abortion are informed of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child, before giving their informed consent to receive an abortion. | Legislation | 6.928382 | 7.701566 | 7.414135 |
Lease J thus ended up in both cases: in the Hooks case for the Hooks’ royalty interest, and in this Bordages case for the J.J. Johns Trust’s non-participating royalty interest. Also, the executive rights holder for the a portion of the J.J. Johns Trust’s NPRI was in the Hooks case. But the same Lease J has been in both... | Party Submissions | 18.270313 | 22.806654 | 19.848448 |
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