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Archives originated from USTR or the State Department) that contain information regarding the U.S. position in the NAFTA renegotiation/USMCA negotiation and do not contain “any reference to positions of other parties or agreed text.” • Claimants request that the Tribunal order Respondent to produce responsive documents... | Legal Decisions | 6.455896 | 7.372917 | 6.933066 |
Claimants note Serbia’s representation that Serbia “ has already conducted a reasonable search and has not located any other lease agreements concluded between Serbia or Luka Beograd on one side and Obnova on other side ”. No decision is required. DECISION Request no. Is pov-3/21 of 26 June 2023 based on which Serbia o... | Legal Decisions | 38.17937 | 36.51973 | 37.809586 |
HSMiller and its vice president, Defterios, were insureds of Diamond State. The company owed them a duty to provide an effective defense if they were sued. | Party Submissions | 28.531466 | 44.50409 | 37.613068 |
City of Ames Under Texas Water Code Section 13.041 for an Emergency Order to Compel the City of Liberty to Provide Sewer Service, Docket No. 2022-0763-UCR-E (Jun. 29, 2022) (final order) (the “TCEQ Emergency Order”). The reservation of Liberty’s rights and remedies in the Contract does not absolve Liberty of any and al... | Party Submissions | 10.427936 | 10.20926 | 11.541565 |
Claimant is, therefore, entitled to 9(2)(a)). The analysis of a discrimination claim does not require determining whether or not the Respondent State "personally likes" certain individuals, and Claimant did not allege this point in its Memorial either. The personal liking or lack of such liking that may exist towards t... | Legal Decisions | 22.14493 | 19.054178 | 23.147697 |
Instead, OSPrin was left with approximately $5 million (plus the interest and attorney’s fees that continue to accrue) that could not be recovered. | Party Submissions | 21.541584 | 23.208954 | 24.977034 |
Here, Liberty pled that Ames is a “Type A General Law Municipality.” CR 437, ¶ 2. Such a municipality does not have any power or authority other than what the Legislature has provided. A contract with a Type A general law municipality is “properly executed” when “the contract’s execution comports with the authority the... | Party Submissions | 6.768918 | 6.787283 | 7.272172 |
If a Participant or Beneficiary prevails in a legal proceeding brought under the Plan to enforce the rights of such Participant or any other similarly situated Participant or Beneficiary, in whole or in part, the Participating Employer shall reimburse such Participant or Beneficiary for all legal costs, expenses, attor... | Contract | 4.381789 | 3.613989 | 4.478352 |
And, although Dr. Tappan writes that H.W. “would have been born without neurological injury” had he been delivered an hour or so earlier (CR.671), Dr. Null says something different—H.W. “would not have suffered the degree of brain injury that he has” if he had been delivered earlier. (CR.709). In other words, the baby ... | Party Submissions | 11.547852 | 12.227953 | 13.332829 |
Beyond this, the jury instruction, commenting on the weight of the evidence and essentially siding with HSMiller on the fact issues related to the RTP issue, undermined the Lawyers’ case and their expert’s testimony. As HSMiller’s counsel argued in closing, the RTP issue “was a game changer.” (11RR258:17-18) The jury i... | Party Submissions | 12.7736 | 12.2221 | 13.413206 |
You are instructed that ordinary care means that degree of care that would be used by a lawyer or law firm of ordinary prudence under the same or similar circumstances. | Party Submissions | 6.200403 | 9.48161 | 8.472572 |
Despite these background facts, the parties dispute the exact nature of Mann's activities while he was crossing the road, and whether the nature of those activities removes Mann from course and scope. Our review of the record reveals four possible versions of events. The first three versions are consistent with the cou... | Party Submissions | 8.733561 | 9.526805 | 9.687354 |
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to include as a high-priority research and extension area research on microplastics in land-applied biosolids on farmland, and for other purposes. | Legislation | 5.442904 | 4.633557 | 5.075566 |
In Mallios, involving a partial assignment of claims, the assignor was allowed to pursue its claim against its former lawyer. Mallios, 11 S.W.3d at 158-59. But Mallios was in a completely different posture procedurally when the Court considered the assignment. There, a summary judgment had been granted against the assi... | Party Submissions | 8.862554 | 8.571048 | 9.595913 |
Weatherford’s contentions effectively turn the domestic sewage exclusion upside-down. Instead of a categorical carve-out of sewer systems from the SWDA (which the Legislature provided by applying the statute to only “solid waste facilities”), Weatherford would impose a duty on a defendant to prove wrong the bare and un... | Party Submissions | 13.374711 | 13.094265 | 14.010967 |
Predictably, after the episode aired, Tonya received death threats from all over the world accusing her of exploiting her great-uncle Charlie. | Party Submissions | 16.06402 | 20.893661 | 19.708942 |
We appreciate that “engaging in the very conduct disclaimed as a basis for waiver is insufficient as a matter of law to nullify the nonwaiver provision. ” Shields, 526 S.W.3d at 484-85. But in the provision here, Santos waived only “notice of ... demand for payment (subject to any right you may have to cure your defaul... | Party Submissions | 13.288921 | 12.857717 | 15.082377 |
For column 8: Indicate the chosen target population providing accordingly the list of host species/genera and area covered. The target population is defined as the ensemble of inspection units. Its size is defined typically for agricultural areas as hectares, but could be lots, fields, greenhouses etc. Please justify t... | Legislation | 30.598206 | 26.50475 | 30.388048 |
More still, Dr. Null — who explicitly stated that he reviewed Dr. Tappan’s report and agreed with its conclusions— went even further by conducting a differential diagnosis to explain why nothing in the medical records suggested any other potential cause of H.W.’s brain injury: This neonate’s course postdelivery is cons... | Party Submissions | 9.457452 | 11.393717 | 11.25629 |
Respondents’ effort to draw support for the decision below from Kemp v. Brenham, No. 05-18-01377-CV, 2020 WL 205313 (Tex. App.—Dallas Jan. 14, 2020, pet. denied) (mem. op.) is also unavailing. Respondents claim that Kemp first established their position that “compliance” with the eviction order in the forcible entry an... | Party Submissions | 7.021339 | 7.542183 | 7.330039 |
The purpose of an expert report under the TMLA is to deter frivolous claims and not to dispose of claims regardless of merit. | Party Submissions | 14.282845 | 17.678877 | 19.851032 |
Supporting the values of the Equity or Else quality-of-life platform and acknowledging the need for the House of Representatives to use the platform as a holistic framework for drafting and implementing policy that promotes racial and economic equity for all across various social issues. | Legislation | 22.699087 | 24.64466 | 25.92411 |
Executive and the Company agree to cooperate to amend this Agreement from time to time as appropriate to avoid the imposition of any Section 409A Penalty. | Contract | 7.621196 | 7.618192 | 11.340282 |
To amend title 38, United States Code, to clarify the organization of the Office of Survivors Assistance of the Department of Veterans Affairs. | Legislation | 3.967735 | 3.403801 | 3.826381 |
The nationals of all the High Contracting Parties shall have equal liberty of access and entry for any reason or object whatever to the waters, fjords and ports of the territories specified in Article 1; subject to the observance of local laws and regulations, they may carry on there without impediment all maritime, in... | Legal Decisions | 7.598121 | 9.222209 | 7.863959 |
Respondents argue that this Court should not intervene because there is no split in authority or conflict on the meaning or application of Chapters 12 and 55. Respondents’ Br. at 8. However, a split in authority is just one of the many factors this Court considers in deciding whether to grant review. TEX. R. APP. P. 56... | Party Submissions | 5.951601 | 6.467135 | 6.321272 |
Valuation. Deferrals shall be credited to appropriate Accounts on the date such Compensation would have been paid to the Participant absent the Compensation Deferral Agreement. Company Contributions shall be credited to a Participant’s Retirement Account at the time(s) determined by the Committee. Valuation of Accounts... | Contract | 5.954644 | 6.380954 | 7.90322 |
Husband’s right to the bonus vested when he received it. At that time, he was ano longer married, and Wife was not entitled to any division of the property. See the community owns at the time of. divorce”). In reaching this conclusion, we are unpersuaded by Wife’s reliance on Sprague v. Sprague, 363 S.W.3d 788 (Tex. Ap... | Party Submissions | 6.387506 | 6.805775 | 7.66689 |
On February 26, 2020, Yellowfin mailed a Notice of Intent to Accelerate and Right to Cure letter to Santos, advising: (1) Yellowfin purchased the account on August 29, 2019; (2) the amount due as of that date was $21,640.59; (3) Yellowfin waived and forgave the monthly installment payments due through June 1, 2019, and... | Party Submissions | 4.085275 | 4.51287 | 4.528523 |
Participant under this Award and such unvested Performance Share Units represented by this Award shall immediately terminate. For purposes of this Award, the termination date shall be the last day of employment or provision of services and shall not be extended by any actual or deemed period of notice of termination, w... | Contract | 2.628987 | 2.590824 | 2.732617 |
In Heldenfels Brothers, Inc. v. City of Corpus Christi, this Court held that a party may recover for unjust enrichment when they provide another person a benefit, as a result of that person’s “fraud, duress, or the taking of an undue advantage.” See 832 S.W.2d 39, 41 (Tex. 1992). There are no allegations of fraud or du... | Party Submissions | 5.73528 | 6.570861 | 6.19252 |
Several justices at oral argument inquired as to the settlement amount and whether Mendietta was required to make payments beyond the $175,000.00 constitutional lien on his homestead. Here, while there is a judgment for $1.9 million, there simply is no promise to pay $1.9 million. The total settlement amount is $175,00... | Party Submissions | 11.134545 | 12.256593 | 12.698459 |
Accounts are intended to constitute unfunded obligations within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of ERISA. | Contract | 4.665031 | 6.096157 | 7.79611 |
This document is current through the 2023 Regular Session; the 1st C.S.; the 2nd C.S.; the 3rd C.S. and the 4th C.S. of the 88th Legislature; and the November 7, 2023 election results. | Party Submissions | 4.423625 | 3.996976 | 5.107457 |
Tribunal The Arbitral Tribunal considers that the documents sought under this request are included in Request 3.a and no decision is therefore made. | Legal Decisions | 34.110985 | 43.688766 | 51.066494 |
Pursuant to Tex. R. App. P. 9.4, I hereby certify that this Petition for Review contains 1681 words. This is a computer-generated document created in Microsoft Word, using 14-point typeface for all text, except for footnotes which are in 12-point typeface. In making this certificate of compliance, I am relying on the w... | Party Submissions | 5.104975 | 6.194787 | 6.550956 |
Respondent’s alleged breach of the Claimant’s rights under Art. 5 of the Qatar-France BIT and to assess the appropriate remedies that the Claimant is seeking: the restitution and/or indemnification of the assets seized, which are the subject matter of this claim”. | Legal Decisions | 9.949411 | 11.393922 | 11.212592 |
Backes is the founder and CEO of Provident Realty Advisors (PRA), a company in the business of large-scale real estate projects. PRA forms various partnerships and entities dedicated solely to each real estate project. In 2013, PRA decided to purchase and rehabilitate the Texaco building and formed Rusk at San Jacinto ... | Party Submissions | 8.959514 | 8.673879 | 9.214284 |
S.L.U. acquired a 99.92% interest in Duke Energy Generating S.A. and thus acquired an indirect 90.80% interest in Cerros Colorados in December 2003.469 The Tribunal also finds that the evidence on the record shows that the Claimant has held the investment at all times since its acquisition. The only change in corporate... | Legal Decisions | 6.888493 | 6.659941 | 7.485263 |
Justice John Devine currently holds Place 4 on this Court. Devine first successfully sought the Republican Party nomination to Place 4 in 2012; he ran in the 2012 and 2018 general elections with the Republican Party’s endorsement, garnering millions of votes statewide in each election. See 2018 General Election, TEXAS ... | Party Submissions | 3.318572 | 3.310817 | 3.267933 |
To amend the Farm Security and Rural Investment Act of 2002 with respect to the definition of biofuels and sustainable aviation fuel, and for other purposes. | Legislation | 4.573154 | 4.004522 | 4.458701 |
Agreement for providing and using port and warehousing services number 1819 dated 16 March 2006. Serbia may have other agreements allegedly relating to Obnova’s premises that it did not to e xhibit to its Counter-Memorial. The requested documents are relevant and material to fully understand contractual relations betwe... | Legal Decisions | 16.974728 | 17.550066 | 17.927958 |
Appellant's brief fails to establish these two mandatory threshold matters with any clarity or evidence whatsoever. The appellate rules require an appellant's brief to contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record. TEX. R. APP. P. 38.1(i); Cap... | Party Submissions | 5.274469 | 5.773546 | 5.968737 |
The instruction on responsible third parties was wrong in several respects: First, it assumed HSMiller’s side of the case that the judge in the underlying case denied the designation solely because of timeliness. Second, it also assumed that the judge in the underlying trial would have eventually submitted Flaven over ... | Party Submissions | 16.017948 | 16.997034 | 17.730495 |
Prior to 2011, this Court had allowed candidates to cure defects in form, content and procedure. E.g., In re Francis, 186 S.W.3d 534, 543 (Tex. 2006). “The Legislature has since made clear that candidates may not amend their applications once the filing deadline passes.” In re Anthony, 642 S.W.3d 588, 591 (Tex. 2022), ... | Party Submissions | 5.129267 | 5.120732 | 5.353275 |
To amend title 23, United States Code, to require transportation planners to consider projects and strategies to reduce greenhouse gas emissions, and for other purposes. | Legislation | 4.437966 | 3.327384 | 4.387555 |
In support of their claims, the Walkers served preliminary expert reports from Dr. James G. Tappan, a board-certified obstetrician, Dr. | Party Submissions | 11.546541 | 16.10805 | 16.842657 |
In Thompson, the parent-claimants’ expert relied on a series of assumptions to conclude that medical-provider negligence caused their daughter to die by suicide. 649 S.W.3d at 162. Not only did the parents’ expert offer no factual support for his assumptions, but he also failed to exclude the defense expert’s alternati... | Party Submissions | 7.822129 | 8.001982 | 8.4606 |
McCarthy Subcontract -12-01-12-2017 Rev. 8.2 Storage areas, if available, will be allocated by McCarthy for Subcontractor's materials and equipment during the course of the Work. Locations for parking, office trailer(s), marshalling yard(s), etc. shall be submitted to and approved by McCarthy. Subcontractor shall reloc... | Party Submissions | 7.502678 | 7.813602 | 8.289752 |
It should be remembered that acceleration of a real estate note is a harsh remedy which gets close scrutiny from courts. McGowan v. Pasol, 605 S.W.2d 728, 732 (Tex.Civ.App.-Corpus Christi 1980, no writ). Courts have looked with disfavor upon the exercise of optional acceleration, requiring a clear, positive and unequiv... | Party Submissions | 5.682249 | 5.955061 | 6.007179 |
Oncor also relies on Harris County Appraisal Dist. v. Jacob S. McDonald and 1615 Tabor, LLC, upholding a section 1.111(e) agreement and rendering judgment 36 for the appraisal district. The holding in the case is irrelevant to these proceedings. | Party Submissions | 21.742878 | 24.305153 | 36.84725 |
Cornejo v. Hilgers, 446 S.W.3d 113 (Tex. App.—Houston [1st Dist.] 2014, pet. denied), likewise doesn’t help the Walkers. There, the expert reports contained much more extensive factual explanations as to how and why hypoxia began during labor, how the failure to continuously monitor the baby throughout the night contri... | Party Submissions | 5.989931 | 6.445379 | 6.38614 |
Nowhere in its causation discussion does the opinion explain how the trial court’s conclusion was unreasonable or made without reference to guiding principles. Compare Walker, 2022 WL 17324338, at *3-*5 with Wright, 79 S.W.3d at 53 (reversing court of appeals because trial court “could have reasonably determined” repor... | Party Submissions | 6.239599 | 6.725188 | 6.852508 |
Tribunal The Arbitral Tribunal considers that the documents sought under this request are included in Request 3.a and no decision is therefore made. | Legal Decisions | 34.110985 | 43.688766 | 51.066494 |
Stay Pursuant To Rule 13 of the Rules of Judicial Administration has been served upon all counsel of record via facsimile, email or by electronic filing, on this 27th day of December, 2023. | Party Submissions | 8.497188 | 10.568101 | 13.912989 |
Id (emphasis added). Thus, far from supporting Petitioner, the Wells Fargo opinion supports the maturity date of the Note as the accrual date for limitations, and separates acceleration from foreclosure. | Party Submissions | 17.762844 | 23.569172 | 26.71538 |
Start with the text. Samson’s substitution of “late charges” for “interest” in art. XVII.D wrongly alters the text to push the due date for Late Charges to an indefinite future date. See Respondents’ Oral Argument Exhibit 2. But even if those terms were interchangeable, such substitution would render meaningless the la... | Party Submissions | 17.207794 | 17.362972 | 18.509678 |
Serbia argues in the Counter-Memorial that Claimants did not prove that Obnova built the buildings presently existing at its premises and argue that all Obnova’s buildings at Dunavska 17 -19 had been built before the creation of Obnova’s predecessor Otpad. 58 The requested documents are relevant and material to assess ... | Legal Decisions | 12.765978 | 13.667691 | 13.25496 |
A correct reading of the Court of Appeals’ opinion shows that the SWDA does not apply to a sewer collection system and such a system is not a solid waste facility. Weatherford Int’l, LLC v. City of Midland, 652 S.W.3d 905, 915 (Tex. App.—Eastland 2022, pet. filed) (“the SWDA’s cost recovery provision does not apply to ... | Party Submissions | 5.682398 | 5.456508 | 5.714824 |
Article 5 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union . | Legislation | 2.948871 | 3.559126 | 4.322113 |
Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . | Legislation | 2.766044 | 3.244868 | 3.945695 |
ARGUMENT AND AUTHORITIES A. The court of appeals found that this case alleged a departure from accepted standards of medical care, health care or safety or professional or administrative services directly related to health care. | Party Submissions | 17.937872 | 19.380299 | 25.038057 |
Oncor ’ s argument that the agreement did not purport to resolve the possibility of a clerical error lacks sense. The agreement resolved the property’s value. If Oncor ’ s sole concern was for the accuracy of Mills CAD’s records rather than its move to change values, this matter would have never reached this Court. Wha... | Party Submissions | 19.89981 | 24.072361 | 21.710121 |
Encouraging all schools in the United States to teach students digital literacy and history related to the Holocaust, World War II, and antisemitism. | Legislation | 9.066215 | 9.744819 | 9.674228 |
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 breach27 of the Claimant’s rights under Art. 328 of the France-Qatar BIT. | Legal Decisions | 11.95194 | 11.946813 | 13.385822 |
Citing to its earlier opinion in Wingfoot, the Texas Supreme Court, in Garza v. Exel Logistics, Inc., 161 S.W.3d 473 (Tex. 2005), again observed that an employee can have more than one employer for purposes of the Workers' Compensation Act and its exclusive remedy provision. Garza at 477-478. In Garza, an employee hire... | Party Submissions | 4.777196 | 5.006034 | 4.932338 |
The majority opinion erroneously holds that CKC’s allegations of self-dealing were insufficient because they did not address Alpesh’s subjective thoughts: “Significantly, Condon does not allege that any personal benefit Alpesh has received from the alleged misconduct is of such subjective material significance to him—t... | Party Submissions | 8.083781 | 8.140615 | 8.436979 |
Unallocated Deferrals and Accounts. If the Participant fails to make an investment allocation with respect to an Account, such Account shall be invested in an investment option, the primary objective of which is the preservation of capital, as determined by the Committee. | Contract | 6.646856 | 7.794647 | 10.118719 |
IT IS ORDERED that after the child reaches age seven (7), then the electronic communication shall be for a period of up to thirty (30) minutes. | Party Submissions | 11.187113 | 15.434006 | 17.169228 |
That rule far surpasses the statement in Griggs —the sole statement on which the majority relies—that a district court loses “control over those aspects of the case involved in the appeal.” 459 U.S. at 58, 103 S.Ct. 400; ante, at 1919. Only the arbitrability order is on appeal, not the merits. And those matters are dis... | Party Submissions | 4.756829 | 4.781225 | 5.149086 |
Notwithstanding anything in this Agreement to the contrary, in the event of a Change in Control during the Performance Period described in Section 2.3 above, then subject to Executive remaining continuously employed with the Company through the date of such Change in Control (except as specified in the following senten... | Contract | 2.796274 | 2.855194 | 2.953146 |
The term “investment” shall mean every kind of asset invested in the territory of one Contracting Party in accordance with its laws and regulations by an investor of the other Contracting Party [...]. [emphasis added] 238. The Tribunal considers that the passage emphasised means that for an asset to qualify as an inves... | Legal Decisions | 4.321145 | 4.018941 | 4.680042 |
An appellate court reviews a summary judgment de novo. The appellate court takes all evidence favorable to the nonmovant as true and indulges every reasonable inference and resolves any doubts in her favor. | Party Submissions | 4.01686 | 5.856808 | 5.164341 |
If you are a director, officer or principal shareholder, Section 16(b) of the Securities Exchange Act of 1934 (the “1934 Act”) further restricts your ability to sell or otherwise dispose of Shares acquired upon settlement of the Units. | Contract | 4.232152 | 4.879604 | 4.953908 |
WHEREAS, the Seller desires to transfer and sell to the Buyer 49.5% of the units of membership interest in the Company (the “Transferred Equity Interest”), and the Buyer desires to purchase from the Seller the Transferred Equity Interest such that, after the transfer, the Buyer shall own 99.5% of the units of membershi... | Contract | 3.226493 | 3.108834 | 3.645188 |
To satisfy the causation requirement an expert must explain the basis of his statements and link his conclusions to the facts. Bowie Mem’l Hosp. v. Wright, 79 S.W.3d 48, 52 (Tex. 2002). But this Court has stressed that a valid expert report need not marshal all of plaintiff ’s proof. Abshire, 563 S.W.3d at 223. It need... | Party Submissions | 4.984343 | 5.697745 | 5.636613 |
To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions to help combat the substance use disorder crisis. | Legislation | 10.590259 | 7.119356 | 11.257031 |
This is the eighth of nine requests for documents which the Claimant contends was seized during the criminal proceedings in Qatar. | Legal Decisions | 28.673092 | 29.765652 | 35.154785 |
Dr. Tappan then offered that the large subacute infarction seen on MRI and MRA “suggests the possibility” that H.W. “sustained a perinatal arterial ischemic stroke likely due to intrapartum factors including prolonged second-stage labor, fetal heart rate abnormalities, and trauma at the time of delivery.” (CR.670). But... | Party Submissions | 8.58027 | 9.976891 | 10.346593 |
Continuing, Dr. Tappan claimed “[H.W.] sustained an in-utero asphyxial injury during the final one to one and a half hours of labor. Had Dr. Castillo decided for cesarean delivery at or about 15:15 and had she atraumatically delivered [H.W.] by 15:45...[he] would have been born without neurological injury.” (CR.671). A... | Party Submissions | 9.278058 | 10.911572 | 11.283834 |
In concluding the reports were insufficient as to causation, the Amarillo Court properly relied on this Court’s decision in Zamarripa, which involved a similar set of alleged nursing failures. Baptist St. Anthony’s Hosp., 2022 WL 17324338, at *4-5. In Zamarripa, a pregnant patient presented at one hospital but a physic... | Party Submissions | 8.379682 | 8.327271 | 8.78337 |
State accord the investment “ equitable and reasonable [...] protection”. The Tribunal agrees that this is an additional requirement not found in all other BITs. The Claimants rely upon it in support of their argument that Norway should have protected their investment from the effects of the introduction by the Russian... | Legal Decisions | 15.319184 | 15.020408 | 18.257559 |
Dr. Tappan did discuss causation when writing about Dr. Castillo’s duty to deliver atraumatically—saying her alleged failure to do so “proximately caused traumatic extraction, physical craniocerebral deformation, and traumatic injury to the brain.” (CR.669). But he never explains, factually, how or why that is purporte... | Party Submissions | 10.416024 | 11.642759 | 11.461641 |
This Court should reverse the Fourth Court’s judgment. It should remand to the court of appeals for consideration of the remaining issues, or alternatively address them here in the first instance, and either render judgment for Bay on damages and attorney fees or remand for a new trial on attorney fees. | Party Submissions | 11.87872 | 9.727934 | 15.221253 |
Multiple hurdles had to be cleared before Flaven would be submitted on the jury charge. HSMiller argues primarily that a timely filed motion for leave to designate Flaven as an RTP would have been 29 granted. Resp’t’s Br. at 40-42. But this analysis overlooks one of the two reasons the BNC Sellers objected to the RTP d... | Party Submissions | 19.835888 | 20.137154 | 22.68523 |
Garcia, 893 S.W.2d at 515; ESIS, 908 S.W.2d at 559. However, the party appealing bears the burden of proof by a preponderance of the evidence. TEX. LAB.CODE ANN. | Party Submissions | 4.578568 | 6.739332 | 7.22684 |
Oncor argues in its Petitioner’s Brief for the first time that this Court should remand the case to the trial court to allow Oncor to plead an ultra vires claim against the individual officials of Wilbarger CAD. One must assume that Oncor would claim that the chief appraiser or her agent had no authority to enter the a... | Party Submissions | 9.454936 | 9.841747 | 9.437622 |
Once again, if every single Wilson case must be individually tried to a jury, then this necessarily precludes any form of collateral estoppel, both offensive and defensive, and since the trial court ruled in favor of Fleming Defendants (VIII CR 4227), they once again achieved mutual assent with the court that collatera... | Party Submissions | 23.41907 | 17.780182 | 25.219206 |
On the basis of the evidence in the record, please summarize the legal options available for CALICA before domestic administrative and/or judicial proceedings against: ... (ii) the execution of such order by officials of SEMARNAT and PROFEPA through a temporary shutdown resulting from an allegedly irregular process. | Party Submissions | 38.141876 | 41.200336 | 38.040916 |
That claim is substantial. While no doubt the Election Code advances a state interest in ensuring that statewide candidates enjoy a certain minimum breadth of support across the State, it does so by imposing an extensive and detailed set of requirements on the Republican Party regarding who it may allow to compete in i... | Party Submissions | 6.934582 | 7.086272 | 6.686005 |
It was not shown that Mrs. Benson participated in, or exercised any control over, the trial in the Porter suit, or that she had any right to do so. She was not shown to have any beneficial interest in the recovery of damages for personal injuries on behalf of the Porters. In our view, the requirements of due process co... | Party Submissions | 7.569399 | 7.493457 | 8.204574 |
Univ. of Tex. Med. Branch at Galveston v. Kai Hui Qi, 402 S.W.3d 374, 389–90 (Tex. App. —Houston [14th Dist.] 2013, no pet.) (“[A] state entity’s failure to act does not invoke the [TTCA’s] limited waiver of immunity.”); see, e.g., Dallas Cnty. Mental Health & Mental Retardation v. Bossley, 968 S.W.2d 339, 343 (Tex. 19... | Party Submissions | 5.181371 | 5.888858 | 5.792159 |
There is no possible basis on which it could be said that the documents sought are all relevant and material to the claims set out at Request for Arbitration at paras 77 – 92. | Legal Decisions | 20.2149 | 19.936886 | 25.784813 |
A survey of the caselaw nationwide confirms this point. See Silicon Knights, Inc. v. Epic Games, Inc., 917 F.Supp.2d 503, 526 (E.D. N.C. 2012) (“Interest on ‘all amounts’ and on ‘the unpaid balance’ is considered compound interest.”) (citing Exxon Corp. v. Crosby–Miss. Res., Ltd., 40 F.3d 1474, 1488–89 (5th Cir. 1995) ... | Party Submissions | 4.248046 | 4.537578 | 4.425769 |
Effective Date. A modification election submitted in accordance with this Article VII is irrevocable upon receipt by the Committee and becomes effective twelve (12) months after such date. | Contract | 9.703249 | 10.922905 | 14.100042 |
Dr. Tappan’s opinions as to the “chain of command” are likewise insufficient because they are not explained. There is no explanation of what a chain of command is much less an explanation of how to invoke it. This confused the trial court. (RR.32) The report does not adequately set out a standard of care on this point. | Party Submissions | 15.487942 | 19.932646 | 19.647009 |
Dr. Tappan explained that a non-reassuring fetal tracing needs assessment and prompt treatment to avoid fetal hypoxia (decreased oxygen in the tissue) and acidosis (an increase in lactic acid in the blood because of inadequate oxygen delivered to tissues). App. 7, CR 669 ( “ Non-reassuring fetal tracing.. .. requires a... | Party Submissions | 7.250537 | 7.195707 | 7.779141 |
However, nothing in the termination clause supports Osprin ’s interpre tation. Rather, the plain language of the clause leads us to the opposite conclusion. The clause provides that “ any and all obligations of the Guarantor under this Guaranty shall terminate upon the construction and completion of the historic tax cr... | Party Submissions | 4.720961 | 4.669504 | 4.952767 |
Rafiei asserts that he “provided the trial court with evidence that the unreasonably expensive filing expenses and unlimited fee-splitting required by the delegation clause” would “operate to bar him from being able to litigate his claims.” Brief at 23. But the only evidence he points to is his own affidavit: “Rafiei h... | Party Submissions | 9.590369 | 9.393578 | 10.733403 |
HSMiller’s purported defenses — waiver and preemption —fail for the reasons explained in the Lawyers’ Petitioners’ Brief and herein. For one, HSMiller cannot seriously argue that the Bankruptcy Judge approved an unstated intent to engage in collusion and position switching in the ensuing litigation. That was not a deci... | Party Submissions | 20.572205 | 23.173313 | 23.847122 |
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