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The Delapenas originally filed a friendly suit against High Hopes Summer Camp. They subsequently amended their petition to bring survival and wrongful death claims against the City, as well as a bystander claim on behalf of Catiana ’s sister, who witnessed Catiana ’s drowning. They alleged the City was negligent in: (1... | Party Submissions | 10.485749 | 10.058625 | 11.002901 |
The SAT’s unwillingness to allow Claimant and PEM access to VAT refunds based on its entitlement as an exporter of silver and gold. | Party Submissions | 60.93975 | 37.769943 | 49.175346 |
July 11, 2019, no pet.) (mem. op.). A trial court has no discretion to divest a spouse of his separate property. Barnard, 133 S.W.3d at 789. | Party Submissions | 5.664018 | 10.979571 | 12.639989 |
NATURE OF THE CASE: This suit involves the parent-child relationship and termination of parental rights. TRIAL COURT: The Honorable Judge Amy Smith, 402nd Judicial District Court, Wood County, Texas, signed an Order of Termination on May 10, 2023. COURT OF APPEALS: Sixth Court of Appeals, Texarkana, Texas. PARTIES IN T... | Party Submissions | 5.024495 | 5.650693 | 5.321396 |
S.W.2d 245, 248 (Tex.1988); see also Howell v. Mauzy, 899 S.W.2d 690, 698 (Tex.App.—Austin 1994, writ denied). Courts may examine the equities of the situation in deciding whether the plea is timely filed. See Howell, 899 S.W.2d at 698. At oral argument, Gaetjen's counsel suggested that Luby's should have sought abatem... | Party Submissions | 6.214649 | 6.963637 | 7.485659 |
As such, Liberty met its burden in its pleadings, and Ames did not present any fact that would require a further showing of an established fact. Finally, the payments Ames owes Liberty under the Contract are not penalties but are standard volume-based charges that are routinely used in similar contracts in which wastew... | Party Submissions | 12.743714 | 11.782003 | 13.785728 |
In a non-unanimous decision, the jury terminated A.S.’s parental rights to R.W. in a trial that took place in May 8 through May 10, 2023. Nevertheless, the evidence was legally and factually insufficient to terminate A.S.’s parental rights to R.W. based upon the following grounds: (D), (E), (F), (N), and (O). Likewise,... | Party Submissions | 4.74728 | 5.477572 | 5.200305 |
For column 23: Indicate the sensitivity of the survey, as defined in International Standard for Phytosanitary Measures (ISPM) 31. This value of the achieved confidence level of pest freedom is calculated based on the examinations (and/or samples) performed given the method sensitivity and the design prevalence. | Legislation | 20.802994 | 20.70035 | 23.48823 |
APPLICATION OF OTHER RULES If the provisions of law of either Party, or obligations under international law existing at present or established hereafter between the Parties in addition to the present Agreement, contain rules, whether general or specific, entitling investments by investors of the other Party to treatmen... | Legal Decisions | 7.909733 | 6.594371 | 8.318801 |
Kimberly Walker was about ten weeks pregnant when she first saw Dr. Castillo. (CR.664). Aside from peritonitis surgery when she was twenty-two weeks pregnant, Mrs. Walker’s pregnancy was uneventful. (CR.665). | Party Submissions | 10.996697 | 10.495924 | 15.160131 |
ATTORNEYS FOR PETITIONER, MILLS CENTRAL APPRAISAL DISTRICT As required by Texas Rule of Appellate Procedure 9.4(i)(3), I certify that, according to the word count of the computer program used to prepare this brief on the merits, the brief contains 6,135 words. | Party Submissions | 5.360405 | 6.635668 | 7.475975 |
Nationalization, expropriation or any other measure having similar characteristics or effects that might be adopted by the authorities of one Party against investments made in its territory by investors of the other Party shall be effected only in the public interest, in accordance with the law, and shall in no case be... | Legal Decisions | 5.603618 | 5.727101 | 5.438361 |
In Sampson this Court held that a “claim for a condition or use of real property is a premises defect claim under the Tort Claims Act.” See Sampson, 500 S.W.3d at 385 (citing Miranda, 133 S.W.3d at 230). The Court however, “decline[d] to eliminate all distinction between premises conditions and negligent activities.” I... | Party Submissions | 6.513353 | 7.594419 | 7.627828 |
To amend the Internal Revenue Code of 1986 to impose a corporate tax rate increase on companies whose ratio of compensation of the CEO or other highest paid employee to median worker compensation is more than 50 to 1, and for other purposes. | Legislation | 4.256529 | 4.722592 | 4.104987 |
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 |
To amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutrition assistance programs. | Legislation | 3.475653 | 2.937369 | 3.748306 |
Petitioner’s Issue Two again fabricates a split between the Appellate Opinion and this Court’s opinions in Skufca, Ha, Whiteley, and Kohlmeyer. Respondents do not wish to belabor the point that these prior opinions are factually and legally distinguishable, but due to Petitioner’s repeated efforts to tie these matters ... | Party Submissions | 13.414448 | 12.101268 | 13.96578 |
Therefore, the Tribunal grants the Request in relation to the Manifests and Declarations that cleared the importation of AC-30 in the execution of the Refidomsa contracts. | Legal Decisions | 53.473644 | 38.585068 | 52.44251 |
REASONS FOR GRANTING REHEARING World Car respectfully asks the Court to reconsider the denial of World Car’s petition for review. This case squarely and cleanly presents a statutory-interpretation issue that is the subject of conflicting appellate decisions. As reflected in the petition-stage amicus brief urging this C... | Party Submissions | 11.532345 | 11.828253 | 12.56895 |
For column 18: Indicate the number of trapping sites in case this number differs from the number of traps (column 17) (e.g. the same trap is used in different places). | Legislation | 11.303838 | 14.095594 | 14.548625 |
Further, since Osprin had pursued its remedies under the Guaranty prior to the completion of the project, its rights clearly predated any possible termination. | Party Submissions | 27.219675 | 38.900574 | 42.58536 |
First Majestic Silver Corp. v. United Mexican States, ICSID Case No. ARB/21/14, Claimant’s Response to Preliminary Objection to Jurisdiction, dated September 1, 2023. Decision on Provisional Measures See First Majestic Silver Corp. v. United Mexican States, ICSID Case No. 21/14, Decision on the Claimant’s Request for P... | Party Submissions | 3.247031 | 3.544935 | 3.487893 |
However, two reasons compel us to conclude that the Division does not have exclusive jurisdiction. First, “[t]he determination of whether any type of claim is within the exclusive jurisdiction of the [Division] depends on whether the claim is based on a claimant's entitlement to benefits.” Bestor v. Serv. Lloyds Ins. C... | Party Submissions | 6.058778 | 6.493872 | 6.421746 |
LIABILITY. Subcontractor shall procure and maintain in force Workers Compensation/Employers Liability insurance. All Subcontractor employees shall be covered under such policies, including employees who are sole proprietors, shareholders, corporate officers, members or partners, and whether or not required by applicabl... | Party Submissions | 8.903832 | 6.909501 | 10.421501 |
Preparation of, as well as any changes, revisions and/or edits to sketches and Cadastral Plans must be preceded by geometric surveys. Geometers conducting these surveys prepare notes that reflect their findings. As explained above, Serbia argues in the Counter-Memorial that Claimants did not prove that Obnova built the... | Legal Decisions | 15.6541 | 17.56248 | 16.397387 |
City of Dallas to R. R.8t S. Properties, Inc. recorded in Volume 88158, Page 2342, OfficialPublic Records, Dallas County, Texas. | Party Submissions | 23.961687 | 26.06387 | 33.208954 |
Claimant limits its request in this manner for purposes of cost and time efficiency and to further limit the burden placed upon the Respondent. | Legal Decisions | 20.50081 | 26.284473 | 28.937195 |
When construing Section 51.003(a), the Court’s objective is to determine and give effect to legislative intent. Nat’l Liab. & Fire Ins. Co. v. Allen, 15 S.W.3d 525, 527 (Tex. 2000). The Court should not look to extraneous matters for an intent not stated in the statute. Id. The Court should yield to the plain sense of ... | Party Submissions | 3.61103 | 3.967574 | 3.991597 |
But even looking at both the agreement and judgment, the incorporation of the Mendietta judgment does not change the fact that Mendietta never promised to pay Bay, Ltd. $1.9 million. There is no promise to pay $1.9 million in either document. (2CR915–29). Reading them together to create a $1.9 million payment obligatio... | Party Submissions | 6.82569 | 7.011411 | 7.088925 |
The name-change issue that Respondents did brief is entirely meritless. That issue relates solely to the damages that Westwood would be entitled to recover under the jury’s verdict if the court of appeals’ judgment is reversed. And while Respondents insist that Westwood’s name change creates “intractable problems” for ... | Party Submissions | 13.814327 | 13.65877 | 15.10837 |
Just as in Briggs, Bay now seeks to use the ROCIP manuals as proof of compliance with the requirements of the Act. But as observed in Briggs, an OCIP manual falls short of constituting an express written agreement for purposes of the Act. Id. at 284, (citing In re 24R, Inc., 324 S.W.3d 564 (Tex. 2010) (noting policy ma... | Party Submissions | 10.101906 | 10.092651 | 11.049298 |
Where a meeting of the minds is contested, as it is here, determination of the existence of a contract is a question of fact. See Runnells v. | Party Submissions | 8.447962 | 12.235891 | 10.414847 |
A. The actions of Norway definitely led to the drop, a sharp drop of revenues of that company, due to the fact that vessels which were serviced by that company were not able to continue fishery. Q. Does that include Russian vessels as well as the North Star vessels ? | Legal Decisions | 35.38483 | 36.53291 | 38.842606 |
An objection to a timely RTP motion may be sustained only if the motion fails to plead sufficient facts concerning the RTP’s responsibility. | Party Submissions | 21.918541 | 22.823452 | 23.70285 |
Sharyland protested only P&A’s market valuation of the total, statewide transmission line and the comparative equality of that valuation. Market value and comparative equality of taxation are the only two grounds checked on Sharyland’s protests, which are in the record. CR.263-65; CR.390-400 (Sharyland’s June 2019 Prot... | Party Submissions | 10.370244 | 11.780842 | 11.716457 |
McCarthy Subcontract -11-01-12-2017 Rev. Pollution Liability Policies shall contain endorsements waiving all rights of subrogation against all additional insureds. | Party Submissions | 17.620846 | 14.497707 | 20.90316 |
Dr. Null’s report is likewise conclusory, speculative, and insufficient under the TMLA. Dr. Null did not explain what happened or what actually caused the injury. At best, he noted that clinical findings were “consistent with an antenatal asphyxia event,” but how and why the alleged event may have occurred is left unkn... | Party Submissions | 9.549671 | 10.62723 | 11.508251 |
On that front, Dr. Tappan has been a board certified obstetrician and gynecologist since 1976. App. 7, CR 668. He currently serves as an ob-gyn hospitalist at Barstow Community Hospital in Barstow, California, where he maintains an active obstetrics and gynecology clinical practice. Id. Dr. Tappan is an expert in manag... | Party Submissions | 6.493323 | 6.675078 | 6.800769 |
A cause of action under the TMLA has three basic elements: (1) the defendant must be a physician or health care provider: (2) the claim must concern treatment, lack of treatment or a departure from the accepted standards of medical care, health care or safety or professional or administrative services directly related ... | Party Submissions | 4.708977 | 6.290649 | 5.576024 |
Is the Tribunal’s jurisdiction over Respondent’s counterclaim contingent on the Tribunal having jurisdiction over Claimant’s ancillary claim? Assuming, without deciding, that the Tribunal has no jurisdiction over Claimant’s ancillary claim, does this have as a consequence that the Tribunal does not have jurisdiction ov... | Party Submissions | 3.718099 | 4.109845 | 4.106893 |
To require the Administrator of the Small Business Administration to des- ignate a point of contact for for-profit child care providers, submit a report to Congress, and for other purposes. | Legislation | 8.505772 | 7.664156 | 8.675883 |
ARB/20/48 y ARB/21/59 bajo un solo procedimiento arbitral, presentada el 14 de diciembre de 2021 por las Demandantes de conformidad con el Artículo 12.28(2) del Tratado. | Legal Decisions | 9.095434 | 12.354026 | 12.443243 |
Objeciones son inadmisibles; e. Ordene a las Demandantes reembolsar íntegramente a Guatemala los costos en los que ha incurrido el Estado en la defensa de sus intereses en el presente arbitraje, junto con intereses a una tasa comercial razonable a juicio del Tribunal, desde el momento en que el Estado incurrió en dic... | Legal Decisions | 6.879873 | 10.056171 | 8.706421 |
Respondent with the task that can be performed by Claimants themselves. In fact, Claimants already obtained certain documentation from the Cadastre (see for example, exhibits C-162 to C-166 and C-329), so they can also request the documents whose production they now seek. | Legal Decisions | 19.14841 | 21.952898 | 22.316986 |
Convention Article 44; Arbitration Rule 1, Article 1120(2) NAFTA 1.1. These proceedings are conducted in accordance with the ICSID Arbitration Rules in force as of July 1, 2022, except to the extent that they are modified by Section B, Chapter 11 of the NAFTA. | Legal Decisions | 7.423635 | 7.212224 | 8.391529 |
Miller resulted from gross negligence by the Terry Defendants in not timely seeking to designate James Flaven a responsible third party? | Party Submissions | 62.250755 | 113.03547 | 99.879395 |
Arbitration Rule 29(4)(i) 22.1. Sound recordings shall be made of all hearings and sessions. The sound recordings shall be provided to the Parties, the Tribunal Members, and the Assistant. | Legal Decisions | 12.640158 | 13.372277 | 13.557599 |
Moreover, the cost of the improvements is not the only evidence of damages the jury heard. The jury also received evidence of the increase in property value during the duration of the lease with Mendietta. (9RRPX44). Plaintiff’s exhibits, admitted into evidence, included an appraisal report by Gardner Appraisal Group, ... | Party Submissions | 6.212268 | 5.770719 | 6.708595 |
Weatherford had an opportunity in its response to Midland’s Plea to the Jurisdiction to submit admissible evidence to connect the dots between an alleged disposal of solid waste and the actions of defendant Midland. It did not do so, and cannot now correct its jurisdictional shortcomings on appeal by asking the Court t... | Party Submissions | 14.216398 | 18.076975 | 15.484313 |
The Seventh Court apparently misunderstood Thompson to require proof not only that each provider ’ s individual negligence was a substantial factor in a claimant ’ s injury, but also proof that each individual act of each provider was a substantial factor contributing to the outcome. See Walker, 2022 WL 17324338, at *5... | Party Submissions | 12.616559 | 14.218978 | 13.805717 |
In its sixth issue, Galovel ho complains of the trial court’s “preemptive and prophylactic ban” on its ability to amend its pleading. It argues that the trial court’s August 14, 2020 order violates the open courts provision of the Texas constitution and that it prevented Galovelho’s ability to update its responses to c... | Party Submissions | 12.737597 | 15.353428 | 14.095098 |
The Diocese argues that the charge did not inquire whether the Diocese had “obtained a benefit from Bay ‘by fraud, duress, or the taking of an undue advantage’. .. .” Diocese BOM at 45. But the language of the charge included all that was necessary to sustain a claim for unjust enrichment. | Party Submissions | 12.2559 | 16.159555 | 16.105732 |
To ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion. | Legislation | 7.707691 | 8.790737 | 9.325488 |
PCC: The requested documents must be in Obnova’s, i.e., Claimants’, possession, custody or control since “ AGREEMENT ON PROVISION AND USE OF PORT AND WAREHOUSE SERVICES” (exhibit R-015) was concluded by Obnova. | Legal Decisions | 22.844145 | 16.730442 | 24.891144 |
Similarly, Devine’s argument that the Texas does not have a compelling governmental interest in only allowing single individual voters to sign the petition of only one candidate in one election is without merit. There is absolutely no First Amendment implication to TEX. ELEC. CODE § 141.066(i) for either citizens or ca... | Party Submissions | 6.848775 | 6.454038 | 6.830267 |
You represent that, except as you have disclosed in writing to the Company on Exhibit A attached hereto, you are not bound by the terms of any agreement with any other party (aside from standard employee non-disclosure agreements with previous employers) to refrain from using or disclosing any trade secret or confident... | Contract | 3.044023 | 3.713658 | 3.530366 |
The Change in Control Payment will be made in a lump sum cash payment as soon as practicable, but in no event more than ten (10) days after Release Effective Date. Except as otherwise provided under law or the terms of any other employee benefit plan in which Executive participates, Executive shall not be entitled to r... | Contract | 4.587617 | 5.060624 | 5.518529 |
In contrast to a tenant like the one in Kemp, a tenant who abandons a leased premise because the landlord’s harassment forces it to leave—as Westwood did here—has established the central element of a constructive-eviction claim. And it does not matter whether that decision is forced upon the tenant before, during, or a... | Party Submissions | 12.839544 | 12.601858 | 14.755703 |
If a medical expert in one specialty area is offered as an expert in another specialty, the expert’s qualifications to offer that opinion must be contained within the four corners of the expert report; they may not be inferred. Carreon v. Kelly, No. 04-21-00538, 2023 WL 3733918 at *2 (Tex. App.—San Antonio, May 31, 202... | Party Submissions | 4.472373 | 5.189807 | 4.535507 |
RLB later alleged it encountered “differing site conditions” and claimed it incurred over $4,830,236 in additional costs (Additional Costs). R.195; R.468 ¶45. | Party Submissions | 16.219135 | 20.094614 | 20.708885 |
Outstanding Balance at San Jacinto Building Investors, LP and a shell company and special purpose entity created for tax purposes. Borrower is indirectly owned by Leon J. Backes. Bridge Loan Agreement executed by FNBC and TX1111, effective August 28, 2015. First NBC Bank in New Orleans, Louisiana, which provided the lo... | Party Submissions | 10.75998 | 10.14269 | 11.158669 |
This extra non-statutory language weighed in on an important issue in the case: whether Terry should have designated Flaven from the beginning of the lawsuit and whether he was negligent because he did not do so. (8RR16:9-23, 172:15-175:21; 9RR113:5-14; 11RR257:18-258:18, 268:14-24, 336) Per HSMiller’s experts, had Ter... | Party Submissions | 6.223387 | 6.170627 | 6.568307 |
Claimant’s original request referred to “General Asphalt,” the colloquial industry name of the AC-30 supplier formally known as “General Supply Corporation S.R.L.” Claimant requests that Respondent confirm whether it has conducted a reasonable search for the AC-30 contracts it entered into with General Supply Corporati... | Legal Decisions | 9.464855 | 9.375725 | 9.675591 |
HN12 [ ] A trial court's decision to grant or deny a motion to abate is within the court's discretion. See Project Eng'g USA Corp. v. Gator Hawk, Inc., 833 S.W.2d 716, 724 (Tex. App.-- Houston [1st Dist.] 1992, no writ) ; see also Abor v. Black, 695 S.W.2d 564, 567, 28 Tex. Sup. Ct. J. 581 (Tex. 1985) (concluding that ... | Party Submissions | 3.643749 | 3.820123 | 3.852023 |
But more than that, this “evidence” was a deceit: the product of position-shifting of the most insidious kind. Its primary purveyors — 9 the plaintiff’s lawyer in the underlying trial and a hired expert — took different legal positions than the plaintiff’s lawyer took in the underlying trial. | Party Submissions | 17.62913 | 20.777674 | 18.542439 |
Tratándose de actos administrativos, para someter una reclamación al foro interno o al arbitraje previsto en este Artículo, será indispensable agotar previamente la vía gubernativa o administrativa, por parte del inversionista o de su inversión, cuando la legislación de la Parte así lo exija. Dicho agotamiento ... | Legal Decisions | 5.754008 | 11.018524 | 7.492388 |
HN5 [ ] Once a responsible third party has been designated, and after an adequate time for discovery has passed, a party may move to strike the designation "on the ground that there is no evidence that the designated person is responsible for any portion of the claimant's alleged injury or damage." Tex. Civ. Prac. & Re... | Party Submissions | 4.033664 | 4.470753 | 4.353067 |
Effect on Accounts. An election to modify a Payment Schedule is specific to the Account or payment event to which it applies and shall not be construed to affect the Payment Schedules of any other Accounts. | Contract | 12.91484 | 16.568233 | 20.994825 |
Notwithstanding the foregoing, if at any time you become an officer required to file reports pursuant to Section 16 of the Securities Exchange Act of 1934, as amended, then with respect to any part of this Award that is then unvested, vesting shall in addition be contingent on and subject to satisfaction of such perfor... | Contract | 5.196958 | 5.81326 | 6.573759 |
We are a company called Ishavsbruket AS and located in Båtsfjord and currently we are working on investigating a topic regarding snow crab and in this regard there are some questions that we would like to ask you. | Legal Decisions | 20.193882 | 25.867685 | 21.931559 |
In similar fashion, on March 16, 2020, Collin County Judge Chris Hill issued a proclamation after the Commissioner’s Court declared a state of disaster in Collin County. The county issued its own executive order, inter alia, incorporating Abbott’s GA -08 and stating that “ persons shall avoid eating or drinking at bars... | Party Submissions | 6.76666 | 8.453303 | 7.218081 |
The Lawyers did raise the issue below, and, regardless, the “law of the case” doctrine shuts the door on HSMiller’s arguments. In the malpractice litigation alone, the parties have been through two jury trials and two separate appeals, and this Court denied review of the first appeal. See Orders at No. 16-0875 (Dec. 15... | Party Submissions | 6.67237 | 6.898313 | 7.150544 |
Here, it is undisputed that MVP is not a signatory to the Subcontract. And the MCC prohibits McCarthy from assigning any portion of the MCC without MVP’s written consent—and no assignment occurred. Supp.R.0771. MVP does not identify any privity of contract between MVP and RLB or another valid theory that would potentia... | Party Submissions | 6.920651 | 6.828472 | 7.306257 |
Energy Secretariat the authority to issue the “ economic dispatch rules to be applied. ”776 Article 35 of the Electricity Law specifically provides: The technical dispatch of the Argentine Interconnection System (SADI), shall be a responsibility of the National Load Dispatch Agency (Despacho Nacional de Cargas, or DNDC... | Legal Decisions | 13.185262 | 14.05505 | 14.284792 |
The Lawyers will stand primarily on the briefing in their merits brief on this issue but do want to remind the Court that HSMiller cites only two cases to support its preemption and collateral-attack arguments. Neither is remotely like this case. For example, one of the cases involved “enormous” asbestos-related claims... | Party Submissions | 10.27323 | 10.207217 | 10.802439 |
The TMLA requires health care liability claimants to serve an expert report upon each defendant shortly after the defendant files its answer. Abshire, 563 S.W.3d at 223 (citing Tex. Civ. Prac. & Rem. Code § 74.351(a)). The Legislature’s primary objective in requiring this early report is to reduce the expense of health... | Party Submissions | 4.852322 | 5.224407 | 5.240254 |
February 6, 2024. Resolved, That upon adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the resolution (H. Res. 863) impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Secu-rity, for high crimes and misdemeanors. The amendment in the nature o... | Legislation | 3.495012 | 2.962774 | 3.348853 |
Id. at 416-17. (emphasis added) (internal citations omitted). Claims for declaratory relief such as those made by Oncor in this case have been repeatedly rejected by the courts. See, e.g., Cameron Appraisal Dist. v. Rourk, 194 S.W.3d 501 (Tex. 2006). In Cameron, owners of travel trailers brought suit against the apprai... | Party Submissions | 4.780359 | 4.941943 | 4.842496 |
In Welder, a contract right giving the husband the right to acquire lands was obtained before marriage, but the conditions of the contract were not met until during marriage, at which time title vested. Id. The court held that the property was the husband's separate property because his claim to the property was acquir... | Party Submissions | 12.04133 | 15.949672 | 16.581617 |
WHEREAS, the Compensation Committee of the Board of Directors of the Company has determined, that it is advisable and in the best interests of the Company to enter into this Amendment. | Contract | 3.949289 | 4.244657 | 5.129072 |
Mandamus relief from this Court is a matter of last resort. As this Court has repeatedly cautioned, mandamus relief under any circumstances is an “extraordinary remedy that is available only in limited circumstances.” In re Hotze, 627 S.W.3d 642, 646 (Tex. 2020) (internal quotation marks omitted). In particular, mandam... | Party Submissions | 4.887405 | 4.861896 | 5.098499 |
Perhaps more importantly, however, Respondents ’ effort to explain away the court of appeals’ opinion as merely enforcing some “voluntary agreement” between Westwood and Virtuolotry is irreconcilable with the opinion itself. In that opinion, the court of appeals never even looked for such an agreement because it would ... | Party Submissions | 12.617386 | 13.376174 | 13.085376 |
The City points to nothing in the SWDA’s definition of “solid waste facility” materially different from CERCLA’s standard for purposes of the issue presented by its jurisdictional plea. Under CERCLA, to the extent relevant to a sewer system, “facility” is broadly defined to include “any building, structure, installatio... | Party Submissions | 3.953478 | 3.736129 | 4.547106 |
Respondents and the court of appeals confuse a procedurally secured lien with a fraudulent lien claim based on the lien. And, the argument they repeatedly rely on is that the lien is not fraudulent because it says it is not. However, Petitioners’ ipse dixit cannot curtail Petitioners’ substantive rights. | Party Submissions | 14.181618 | 15.592164 | 17.283293 |
If contemporaneous with or within eighteen (18) months after a Change in Control that occurred during the Employment Period (a) the Company terminates Executive’s employment without Cause or (b) Executive terminates his employment for Good Reason, then, provided Executive complies with the requirements set forth in Sec... | Contract | 3.315712 | 3.212394 | 3.483465 |
In dividing nonvested pension rights as community property, the court must take into account of the possibility that death or termination of employment may destroy those rights before they mature. In some cases the trial court may be able to evaluate this risk in determining the present value of those rights. .. But if... | Party Submissions | 7.862443 | 7.364415 | 8.5116 |
Even if Tatum, Hall, and Huckabee did not foreclose Barina’s arguments (and they do), Barina’s heavy reliance on Rosenthal would still be misplaced. In Rosenthal, this Court held that the gist of the defendant magazine’s article was that Rosenthal had engaged in criminal conduct by fraudulently obtaining welfare benefi... | Party Submissions | 9.153679 | 9.211852 | 9.433903 |
The United States objects to Request No. 2.h for the same reasons stated above with respect to Request No. 2. | Legal Decisions | 9.501662 | 15.558016 | 16.896479 |
Declaratory Relief Galovelho’s Second Amended P etition also sought a judgment declaring that “the challenged Executive Orders and local orders violate the Texas Disaster Relief Act and are unconstitutional.” In its fourth appellate issue, Galovelho argues that – 21– this claim is also ripe and that the trial court had... | Party Submissions | 14.659113 | 15.434289 | 17.387566 |
For example, in In re Francis, this Court “h[e]ld that when a challenge is made based on facial defects a party chair overlooked and approved when they could have been cured,” courts must “allow the candidate that opportunity.” 186 S.W.3d at 541. There, a judicial candidate filed a signature petition that was defective... | Party Submissions | 7.750948 | 7.605835 | 8.032529 |
This is the fourth of nine requests for documents which the Claimant contends was seized during the criminal proceedings in Qatar. | Legal Decisions | 32.347565 | 33.35543 | 41.237015 |
To prohibit a drawdown and sale of petroleum products from the Strategic Petroleum Reserve if the President has withdrawn certain land from oil and gas leasing, and for other purposes. | Legislation | 7.047443 | 7.407093 | 7.379074 |
PRA Provident Realty Advisors which formed Rusk at As a condition to advancing a multi-million-dollar debt, Lender obtained from Backes an “irrevocable”, “continuing”, and “unconditional” guaranty of the debt. Borrower defaulted but Backes never paid. The critical issue to the lending industry is whether a guaranty’s e... | Party Submissions | 12.56735 | 12.697937 | 13.305176 |
To amend the Internal Revenue Code of 1986 to establish a credit for the domestic production of rare earth magnets, and for other purposes. | Legislation | 4.682869 | 4.036473 | 4.758321 |
Whether or not the trial court could quote statutory language and paraphrase it, this Court has never hesitated to reverse trial judgments where the scales of justice were improperly weighted in favor of one party, especially where the instructions were “surplus.” See In re Estate of Poe, 648 S.W.3d at 286-92 (holding ... | Party Submissions | 7.253304 | 6.796352 | 7.680824 |
Henry v. Dillard Dept. Stores, Inc., 70 S.W.3d 808 (2002) 45 Tex. Sup. Ct. J. 381 the damages claim without determining whether the claimant was entitled to the benefits, a matter within the Commission's exclusive jurisdiction. | Party Submissions | 7.458945 | 7.89779 | 7.930382 |
Commercial Automobile Liability -$1,000,000 Limit of Liability McCarthy and the Owner shall be added as additional insureds, together with any other entities required by the Contract Documents. The automobile liability shall contain endorsements waiving all rights of subrogation in favor of the additional insureds wher... | Party Submissions | 8.344867 | 8.362636 | 9.36209 |
Any and all documents based on which the Real Estate Cadaster issued decision No. 952-02-9-31/03 dated 7 December 2003189 permitting inscription of the City of Belgrade as the owner of Obnova’s buildings on land plots Nos. 47 and 39/1 in CM Stari Grad. | Legal Decisions | 24.804533 | 25.340532 | 25.582508 |
HN4 [ ] We review the summary judgment de novo. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex. 2005). We take all evidence favorable to Douglas as true and indulge every reasonable inference and resolve any doubts in her favor. See id. | Party Submissions | 3.130187 | 6.457933 | 5.970419 |
B) The Respondent’s position 526. The denial of the existence of any violation of the Treaty leads Respondent to also deny, in general, that Claimant should receive any sum at all on account of damages. | Legal Decisions | 21.323265 | 17.452156 | 19.358047 |
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