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Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), I hereby certify that his brief contains 3743 words (excluding the caption, table of contents, table of authorities, statemen of the case, record references, issues presented, signature block, proof of service, and certificate of compliance). This is a computer-g... | Party Submissions | 7.082166 | 7.898451 | 8.477626 |
Serbia argues that Obnova’s buildings are allegedly temporary because, amongst other t hings, Obnova (at that time existing under the name “Otpad”) only prepared main designs for some of the buildings, while permanent objects would require also preliminary designs.74 To support this argument, Serbia relies on exhibits ... | Legal Decisions | 8.537197 | 8.962256 | 8.687397 |
HN2 [ ] When both parties move for summary judgment on the same issues and the trial court grants one motion and denies the other, a reviewing court examines the summary [*475] judgment evidence presented by both sides, determines all questions presented, and if reversing, renders such judgment as the trial court shoul... | Party Submissions | 2.890775 | 3.402943 | 3.158405 |
Arbitration Rule 6 13.1. Written communications shall be transmitted by email or other electronic means to the Parties, the Tribunal Secretary, the Tribunal Members, and the Assistant. | Legal Decisions | 11.612587 | 10.942475 | 12.698648 |
PCC : The requested documents are accessible to Obnova/Claimants who can obtain the requested documents from the Urban Planning Institute of Belgrade (which prepared exhibit C-330) in accordance with the applicable regulations101. In other words, the requested documents are "in the public domain and equally and effecti... | Legal Decisions | 11.250535 | 11.645891 | 11.820342 |
Claimants hereby incorporate their replies from Requests Nos. 15 and 22. DECISION Letter from the Secretariat for Urban Planning and Construction No. 350.1-35/2007 dated 23 September 2013. | Legal Decisions | 15.053648 | 12.797724 | 17.473215 |
To direct the Office for Victims of Crime of the Department of Justice to implement anti-trafficking recommendations of the Government Ac-countability Office. | Legislation | 10.641707 | 9.285733 | 11.187929 |
The percentage of the Performance Share Target earned for results between performance levels shall be determined by straight line interpolation with the number of Performance Share Units earned rounded down to the nearest whole number. Any Performance Share Units that are not earned in accordance with this Section 4 sh... | Contract | 6.626835 | 8.466329 | 8.580984 |
In 1999, Sonic filed its contract claims against TMI in a Harris County court and also filed claims against Randy Croix and the Eddie [**4] Croix Insurance Agency, Inc. (the "Croix defendants"), the parties that sold TMI's policy to Sonic. 2 [**5] In that same year, Cochran filed suit against Sonic in Alabama, under th... | Party Submissions | 5.551722 | 5.637336 | 5.647271 |
App.—Houston [14th Dist.] 2019, no pet.), does not support Petitioners’ argument, yet Respondents fail to recognize that Burton directly supports the holding in 402 Lone Star. Petitioners cited this case as a string cite to support the above analysis of 402 Lone Star. Further, Respondents admit that the issue on appeal... | Party Submissions | 8.361914 | 11.121967 | 12.102006 |
Yellowfin also suggests that Santos’s interpretation of Section 51.003 conflicts with Holy Cross Church of God in Christ v. Wolf, which held that “[i]f a note or deed of trust secured by real property contains an optional acceleration clause, ” “ the action accrues only when the holder actually exercises its option to ... | Party Submissions | 6.092929 | 6.893426 | 6.757066 |
With regard to snow crab, it appears that this species is “unable to move except in constant physical contact with the seabed or the subsoil” and it thus falls within the definition of “sedentary species” of Article 77(4) of UNCLOS. The fact that snow crab falls within that definition formed the subject matter of an ea... | Legal Decisions | 7.145865 | 7.470461 | 7.421976 |
Convention Article 43(a); Arbitration Rules 5 and 36-40 16.1. The Tribunal shall be guided but not bound by the IBA Rules. | Legal Decisions | 15.499042 | 14.249328 | 19.279718 |
Notwithstanding any provision of this Agreement to the contrary, this Agreement is intended to be exempt from or, in the alternative, comply with Section 409A and the interpretive guidance in effect thereunder, including the exceptions for short-term deferrals, separation pay arrangements, reimbursements, and in-kind d... | Contract | 3.640836 | 4.084798 | 5.263404 |
Finally, just because Wilson Plaintiffs might have made a long shot attempt at obtaining offensive collateral estoppel if the Harpst plaintiffs had won, that doesn’t mean the Harpst plaintiffs were the formal legal representatives of Wilson Plaintiffs, and nothing in Taylor would suggest otherwise. | Party Submissions | 19.164383 | 17.056599 | 23.078749 |
This is a project where a fishing vessel under the EU flag will land live snow crabs at approved Norwegian reception stations (factories). Please describe or present the process regarding the documents to be sent to the Directorate of Fisheries in this case .741 525. The reply, sent on 25 July 2014, read: Basically thi... | Legal Decisions | 28.483587 | 25.962906 | 28.1265 |
Carter may have played a part in accounting errors that were later corrected, but that does not establish a fraudulent or criminal intent, which was the gist of the Newspaper’s reporting. Thus, we agree with the court of appeals that the Newspaper was not entitled to summary judgment because it failed to conclusively p... | Party Submissions | 8.286408 | 9.580489 | 9.73563 |
See Henry, 70 S.W.3d at 809 (citing Am. Motorists Ins. Co. v. Fodge, 63 S.W.3d 801, 804 (Tex.2001) and holding trial court could not adjudicate employee's claim for bad faith denial of workers' compensation benefits without determining whether she was entitled to benefits, a matter within the Commission's exclusive jur... | Party Submissions | 3.423667 | 3.748053 | 3.767369 |
The trial courts amended order specifically denies the plaintiff's motion to strike the affidavit of David Carlin and Pamela McShann. Both denials were in error. | Party Submissions | 19.620913 | 24.602627 | 29.105991 |
By its third issue, Bay contends that section 408.001(d) of the labor code does not preclude Bay from asserting the exclusive-remedy defense, as the Manns argued in the trial court. See TEX. LAB. CODE ANN. § 408.001(d). Section 408.001(d) primarily deals with situations in which an injured employee has willfully remove... | Party Submissions | 6.093814 | 6.709638 | 6.630666 |
Administrative and Financial Regulation 28 7.1. The Tribunal Secretary is Ms. Jara Mínguez Almeida, Team Leader/Legal Counsel, ICSID, or such other person as ICSID may notify the Tribunal and the Parties from time to time. | Legal Decisions | 14.116641 | 13.865535 | 18.017788 |
Certificate of Service I certify that a true and correct copy of the foregoing was forwarded to all counsel of record on November 16, 2023, by e-file and/or electronic mail in accordance with the Texas Rules of Civil Procedure. | Party Submissions | 3.939425 | 5.197714 | 6.136433 |
Respondents’ concerted actions began as soon as Respondents bought the premises from the previous landlord, continued unabated even after Westwood withdrew its appeal of the eviction ruling, and ended only after Westwood consented to the form of the agreed judgment and left the premises for good. This campaign distract... | Party Submissions | 9.214194 | 8.196637 | 9.956621 |
The First Court wrote: “The elements of mutual mistake are: (1) a mistake of fact; (2) held mutually by the parties; (3) which materially affects the agreed-on exchange. City of The Colony v. N. Tex. Mun. Water Dist., 272 S.W.3d 699, 735 (Tex. App.-Fort Worth 2008, pet. dism'd). A mutual mistake of fact occurs when the... | Party Submissions | 3.385313 | 3.783939 | 3.623535 |
Expressing the sense of the Senate that the United States should recognize the 1994 genocide in Rwanda as ‘‘the genocide against the Tutsi in Rwanda’’. | Legislation | 5.107908 | 3.847686 | 4.243269 |
Alternatively, a take-nothing judgment is appropriate because there is no evidence to support the jury’s verdict on liability or damages. At a minimum, the finding of gross negligence should be reversed and rendered, and the remainder of the case remanded for trial, either for the reasons the court of appeals found or ... | Party Submissions | 8.825792 | 10.054069 | 10.133337 |
The court of appeals improperly wrote nonexistent words into a statute, depriving the Petitioners of its critical protection, and resurrected a long rejected false-light theory. In urging denial of review, Barina invites this Court to condone the appellate court’s judicial activism. Left undisturbed, the court of appea... | Party Submissions | 9.767317 | 10.353165 | 10.408844 |
Instead of claiming the surplus proceeds to which it was entitled after the foreclosure sale, the junior lienholder intentionally chose eventually to sell its rights under the Note, 1CR53-55, and there are now no records of what happened to the excess proceeds, RR24:9-14. Because the junior lienholder “elected not to e... | Party Submissions | 8.780221 | 8.962004 | 9.030169 |
Yellowfin cites a number of decisions from other jurisdictions, but not a single one discusses the statute of limitations to enforce a note after a foreclosure. Collins Asset Grp., L.L.C. v. Alialy, 139 N.E.3d 712 (Ind. 2020), did not involve foreclosure at all. Yellowfin cites City Consumer Servs., Inc. v. Peters, 815... | Party Submissions | 7.225182 | 7.874775 | 8.059171 |
Synopsis Background: After employee was sexually assaulted while working on employer's premises, and employer submitted a workers' compensation claim, employee brought action against employer for premises liability and gross negligence. The 293rd Judicial District Court, Dimmit County, Ron Carr, J., granted employer's ... | Party Submissions | 9.664727 | 7.872047 | 10.072519 |
When DFPS filed its original Petition against Appellant, DFPS only pled the following grounds for termination: D, E, K O, and P of subsection 161.001(b)(1) of the Texas Family Code. See CR 23-24. Appellate counsel is unaware of any amended pleading by DFPS that alleged the additional grounds of termination that were co... | Party Submissions | 9.69773 | 10.644107 | 10.208391 |
In contrast, Osprin filed suit against TX 1111 and alleged that TX 1111 had breached its representations, covenants, and warranties under the assignment of rights to capital contributions. Further, although Osprin filed a UDJA claim against TX 1111, it only asked that the trial court declare that Osprin was entitled to... | Party Submissions | 5.964622 | 5.773903 | 6.245434 |
In a scant one page of discussion in his two-page report, Dr. Null concludes that, because H.W. was “significantly depressed at birth,” he must have had an “antenatal asphyxia event,” but “more likely than not” would not have had it had he been delivered an hour to an hour and a half earlier. (CR.709). He never says it... | Party Submissions | 11.391406 | 15.104685 | 15.330684 |
To amend the Internal Revenue Code of 1986 to impose a tax on the purchase of single-family homes by certain large investors, and for other purposes. | Legislation | 3.803764 | 3.801973 | 3.952283 |
Id. at 829–30. The Court had before it the settlement agreement and the letter from Walker instructing her attorneys to pay her family members from the settlement, but the Court remanded to allow the trial court to consider other evidence of the actual payments received. Id. In this case, the forbearance agreement expr... | Party Submissions | 11.732642 | 11.230751 | 12.730467 |
The Arbitral Tribunal considers that the documents sought under this request are included in Request 2.a and no decision is therefore made. | Legal Decisions | 25.689241 | 30.791883 | 37.788612 |
In concluding otherwise, the Court of Appeals acknowledged that the Walkers ’ experts drew a direct line from the providers’ negligence to H.W.’s brain injury: In short, Drs. Null and Tappan informed the trial court of an impending birth, defaults in monitoring the child, purported misapplication of medications influen... | Party Submissions | 20.416893 | 18.93622 | 21.458904 |
Here, what is done truly cannot be undone. The just result is to render. If the Court rules instead that the assignment is void but allows HSMiller to subject the Lawyers to yet another trial, that would be a Pyrrhic victory indeed. Nor would it discourage future assignments of the same nature. If the only result is a ... | Party Submissions | 18.410006 | 17.246994 | 21.25502 |
Antonio 2010, no pet.) (citing Entergy, 282 S.W.3d at 436). We liberally construe the terms of the Act in favor of coverage in order to effectuate the Act's purposes: lowering costs for employers while assisting injured employees. SeaBright, 465 S.W.3d at 642. | Party Submissions | 7.489008 | 9.925299 | 12.411223 |
C) The Tribunal’s analysis 298. The Tribunal notes that it has already expressed its opinion, by majority, in the Partial Award regarding the directly related issue of whether the Treaty provided protection to indirect investors.317 None of the allegations made by Respondent in its subsequent submissions—which the Trib... | Legal Decisions | 14.959386 | 13.309036 | 14.667702 |
As such, both Walker and Devine submitted petitions accompanying their applications. Walker’s petition contained 134 signatures from the 8th Court of Appeals District (El Paso). Exhibit B. Devine’s petition facially contained 73 signatures from the 8 th Court of Appeals District. Exhibit C. However, 28 signatures on De... | Party Submissions | 8.054143 | 7.921007 | 8.654395 |
Weatherford also recognizes the determination of which cases present questions “important to the jurisprudence of state” is relative to the Court’s capacity. | Party Submissions | 45.6004 | 45.888412 | 65.28284 |
Convention Article 48(5), Arbitration Rules 62-66, FTC Note of Interpretation of 31 July 2001, Section A: Access to Documents 25.1. The Parties agree that the transparency regime governing these proceedings is dealt with in Procedural Order No. 2. | Legal Decisions | 14.684533 | 13.453491 | 16.505243 |
Relator has established all the prerequisites for mandamus relief. It brought Relator no pleasure to file this proceeding, concerning an incumbent on this Court, no less. But the law is the law, and it must be enforced, no matter the parties involved. Failure to do so risks further gamesmanship, and loss of integrity i... | Party Submissions | 11.549302 | 15.940476 | 13.985199 |
In November, while the Martinez Family's challenge to DWC's jurisdiction was still pending before that agency, the Martinez Family moved the court presiding over the tort suit to lift the abatement, arguing that Bruno's beneficiaries had never filed a claim for benefits, that the statute of limitations to file such a c... | Party Submissions | 8.375502 | 8.538051 | 9.399207 |
If the defendant is a workers compensation insurance company and the worker is attempting to circumvent the administrative process to determine any aspect of a benefit claims dispute at the trial court level prior to exhausting his or her administrative remedies first, then Fodge applies to bar the injured claimant's s... | Party Submissions | 13.236688 | 13.451711 | 14.144915 |
The principal amount of the Loan shall be due and payable on the Maturity Date. The Borrower further promises to pay to the order of the Lender interest on the unpaid principal amount hereof from time to time outstanding at the rate or rates per annum determined pursuant to the terms of the Loan Agreement, payable on t... | Contract | 3.204659 | 3.242847 | 4.507292 |
JAMES R. EVANS, JR. State Bar No. 06721500 jevans@lsejlaw.com State Bar No. 24062428 ERIC RUIZ State Bar No. 24125845 eruiz@lsejlaw.com E. BARRY GAINES State Bar No. 24042358 bgaines@lsejlaw.com LOW SWINNEY EVANS & JAMES, PLLC 4425 SOUTH MOPAC, BUILDING 3, SUITE 400, AUSTIN, TEXAS 78735 ATTORNEYS FOR PETITIONER MILLS C... | Party Submissions | 6.970748 | 7.261192 | 7.213065 |
Although Subcontract paragraph 11.1 states for “disputes involving [MVP] described in Paragraph 11.2 herein, venue shall be in the place set forth in the [MCC],” it makes no mention of any waiver-- let alone a clear and specific waiver of Section 272.001 or of any right to object to this venue provision. R.0507. To the... | Party Submissions | 9.586636 | 9.583999 | 9.908527 |
The trial court did not abuse its discretion by awarding Husband the February 14, 2020 discretionary bonus as his separate property. We overrule Wife’s second issue. | Party Submissions | 5.89634 | 7.85914 | 7.605641 |
Held : A district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. Pp. 1918 – 1923. | Party Submissions | 10.902047 | 10.074705 | 14.89783 |
Finally, as also explained in the Lawyers’ brief, the only evidence that the jury would have put more than 50% of the responsibility on Flaven came from conclusory expert testimony and biased “fact witness” testimony.5 See Pet’rs’ Br. at 56-60. | Party Submissions | 18.329798 | 18.363495 | 21.878654 |
RR 9, 11-12, 23; see 9 RR 97, 236-37, 241. The jury was entitled to re- ject that excuse. | Party Submissions | 11.09835 | 13.624139 | 17.890903 |
This Court held that the evidence was not legally sufficient to establish that the homeowners would be “ actually” charged excessive arbitration fees due to the capped costs of the AAA's commercial arbitration rules. And therefore, there was no legally sufficient evidence that such fees would have prevented the homeown... | Party Submissions | 14.207449 | 13.003666 | 16.282373 |
Respondents first try to steer the lower court’s opinion clear of the prohibitions in TEX. CIV. PRAC. & REM. CODE § 31.004(a) and TEX. PROP. CODE § 24.008 by contending that the “sole issue addressed by these statutes” is “ [r]es judicata,” and insisting that “[t]his case was not decided based on res judicata.” (Resp. ... | Party Submissions | 6.375171 | 6.766862 | 6.726727 |
As explained above, the requested documents are relevant and material to assess Serbia’s contemporaneous understanding of the: ( i ) existence of buildings at Obnova’s premises at Dunavska 17 -19 and Dunavska 23; and ( ii ) ownership and other rights to these buildings and the land plots at these premises. Serbia’s arg... | Legal Decisions | 7.67132 | 7.785925 | 7.744159 |
VerDate Sep 11 2014 18:20 Feb 02, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7118.IH H7118 ddrumheller on DSK120RN23PROD with BILLS • HR 7118 IH SEC. 2. PROHIBITION. | Legislation | 10.125056 | 4.496975 | 9.670157 |
In light of the many background facts which favor a finding of course and scope, and the further evidence suggesting that Mann's activities were consistent with course and scope, we conclude that summary judgment could not have been granted in the Manns' favor on the basis of this element. See Helix Energy, 522 S.W.3d ... | Party Submissions | 12.367982 | 17.195208 | 15.697429 |
That the junior lienholder has a right to surplus proceeds after foreclosure means that the loan has been accelerated. Even if a borrower were up to date on installment payments for the junior loan, the junior lender would still receive surplus proceeds up to the entire amount of its debt after foreclosure. That confir... | Party Submissions | 9.413982 | 9.699735 | 10.283242 |
I hereby certify that on December 1, 2023, a true and correct copy of the foregoing document has been served on Appellee’s counsel, below, through the Texas electronic court filing system. | Party Submissions | 7.674992 | 8.869751 | 11.355958 |
Respondents continue to argue that this Court’s jurisdictional ruling in Matagorda County, supra, is “undiscernable.” See Respondents’ Brief at 24. But the case clearly says the Court disagrees that the scope and preclusive effect of a tax settlement “is a jurisdictional question.” See Matagorda Cnty., 165 S.W.3d at 33... | Party Submissions | 5.642611 | 5.813817 | 5.91104 |
Respondents quote instances where Petitioners brief in the court of appeals stated that the liens at issue are not fraudulent. These quotes are used out of context. A complete review of Petitioners’ court of appeals briefing demonstrates that this is simply a linguistic disagreement and nothing more. Petitioners have a... | Party Submissions | 10.03705 | 10.052535 | 10.670716 |
This document complies with the typeface requirements of TEX. R. APP. P. 9.4(e) because it has been prepared in a conventional typeface no smaller than 14-point font for text and 12-point font for footnotes. It complies with the word-count limitations of TEX. R. APP. P. 9.4(i)(1) because it contains 2,060 words. | Party Submissions | 3.336612 | 7.654134 | 5.62881 |
However, according to the Manns, the record reflects a fourth version of events that takes Mann outside the course and scope of his employment. According to a report drafted by Mann's supervisor on the date of the accident, Mann reported that he was going to his truck to get out of the rain at the time of the accident. | Party Submissions | 10.134325 | 12.253139 | 13.285133 |
Section 2. Eligibility for Participation. Each person who is customarily employed by the Company as a Vice President, Senior Vice President or Executive Vice President (an “Eligible Associate”) who experiences a “Qualifying Termination” (as defined below) shall be a participant in the Plan, other than any person who is... | Contract | 4.785677 | 4.415011 | 5.013255 |
The requested Documents are relevant and material to the outcome of the dispute in that they will address whether and if so how Coropi acquired a beneficial interest in Kalemegdan and/or an indirect beneficial interest in Obnova through the payment of consideration. These matters are at the heart of Respondent's object... | Legal Decisions | 8.521353 | 9.043083 | 8.908909 |
The requested documents were prepared by Serbia in connection with Obnova’s requests for legalization of its buildings at Dunavska 17-19 and Dunavska 23. As such, the requested documents are relevant and material to assess the reasons for which Serbia failed to legalize Obnova’s buildings. | Legal Decisions | 11.20179 | 13.349111 | 12.173592 |
For column 24: Indicate the design prevalence based on a pre-survey estimate of the likely actual prevalence of the pest in the field. The design prevalence is set as a goal of the survey and corresponds to the compromise the risk managers are making between the risk of having the pest and the resources available for t... | Legislation | 17.00255 | 16.098001 | 18.609495 |
Rafiei has not met his burden of showing that the arbitration provision which is the focus of this case is unconscionable. Lennar’s petition for review should be granted and the majority opinion should be reversed. | Party Submissions | 9.68294 | 11.944878 | 11.340963 |
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 |
As shown at the Hearing, Mexico conducted multiple inspections and audits of La Rosita between 1993 and 2016 and has thus been aware for decades of CALICA’s activities in that lot and what it now claims is “damage” resulting from operations there.400 Mexico also knew of the purported environmental damage it alleges for... | Party Submissions | 13.298542 | 14.322157 | 14.438108 |
While a life jacket is certainly a safety device, we do not agree that a life jacket is a “component” of a pool. See Clark, 923 S.W.2d at 585. Regardless, the integral safety component doctrine is limited to negligent “use of tangible personal property. ” Id.; see, e.g., Robinson, 780 S.W.2d at 169 (providing swimming ... | Party Submissions | 5.311726 | 5.173958 | 5.636738 |
This Eleventh Amendment to the Second Amended and Restated Revolving Loan Agreement (the “Amendment”), effective as of October 1, 2023, is entered into by and between Union Carbide Corporation, a New York corporation (the “Lender”) and The Dow Chemical Company, a Delaware corporation (the “Borrower”). | Contract | 3.577872 | 2.976678 | 3.680671 |
The surrounding facts and circumstances support our conclusion that the parties intended that all of Backes’ s obligations under the guaranty would come to an end once the historic tax credit rehabilitation of the Texaco building was completed. The evidence showed that First NBC and Backes were sophisticated parties wi... | Party Submissions | 8.157656 | 7.164531 | 8.4231 |
TADA’s Letter (Apr. 19, 2023). And it will ultimately affect Texas’s economy and citizens, which the Legislature expressly aimed to protect by regulating in this area. Even Respondents did not deny the importance of the issue. | Party Submissions | 18.377193 | 21.735064 | 24.324614 |
Here, Relator is not challenging the eligibility of Devine; indeed, Devine is an incumbent Justice on the Supreme Court. Rather, Relator is challenging Devine’s application as being noncompliant with the applicable statutory requirements. Section 172.021, Election Code makes clear that candidates for justice, supreme c... | Party Submissions | 5.929235 | 6.128422 | 6.375085 |
Limit on Accounts. Notwithstanding the foregoing or anything contained herein to the contrary, unless otherwise determined by the Committee, in no event shall any Participant be permitted to have more than five (5) Separation from Service Accounts and/or Specified Date Accounts in total (in addition to the Retirement A... | Contract | 6.211445 | 6.945451 | 7.675758 |
S.W.2d 506, 508 (Tex. 1943). Of course, contractual provisions may be used to accomplish such waivers. See Forest Oil Corp. v. McAllen, 268 S.W.3d 51, 60-61 (Tex. | Party Submissions | 4.451937 | 5.394315 | 6.804033 |
While the issue here is vitally important, it is also sufficiently narrow— and the error is so clear from the statute’s plain language—that the Court should consider a per curiam reversal to correct the errors below. | Party Submissions | 15.217904 | 19.067165 | 15.966779 |
The trial court's abatement orders state as follows: [A]ll further proceedings relating to the Plaintiff's causes of action for negligence, gross negligence, violation of the Texas Deceptive Trade [**26] Practices Act ["DTPA"], breach of contract, and breach of the duty of good faith and fair dealing in this cause are ... | Party Submissions | 5.424958 | 5.388331 | 6.237001 |
The experts in this case were qualified to opine on standard of care, breach, and causation. Issue No. 4: Chapter 74 unambiguously requires an objection to the sufficiency of an expert report to be made “no later of the 21 st day after the date the report is served or the 21st day after the date the defendant’s answer ... | Party Submissions | 6.744108 | 7.377171 | 7.289239 |
But even setting aside Walker’s refusal to pursue judicial relief through the ordinary course, Walker nonetheless lacks a compelling reason to have sought mandamus in this Court initially. As Walker acknowledges (at 3-4), the Election Code confers concurrent jurisdiction on this Court and the courts of appeals to issue... | Party Submissions | 7.829964 | 7.914348 | 8.31624 |
The agreement's stipulation, making each party individually responsible for all inherent costs, starkly tilts the scales in favor of large, well-funded entities like Lennar, rendering individual claimants like Rafiei vulnerable to disproportionate financial duress. Rafiei's option to alleviate this via the Flexible Fee... | Party Submissions | 21.805939 | 24.01908 | 22.572872 |
Claimants agree to conduct a reasonable search for and produce documents responsive to this request that are in the Claimants’ possession and/or control. | Legal Decisions | 8.80494 | 12.352917 | 11.246558 |
DAVID M. MEDINA Texas State Bar No. 00000088 david.medina@chamberlainlaw.com STEVEN J. KNIGHT Texas State Bar No. 24012975 steven.knight@chamberlainlaw.com AMBER ALI Texas State Bar No. 24109573 amber.ali@chamberlainlaw.com 1200 Smith Street, Suite 1400 Houston, Texas 77002 (713) 658-1818 The petition for review preser... | Party Submissions | 5.076748 | 4.739036 | 5.270777 |
Petitioner also argues that the foreclosure transformed the Note into a non-real estate note, but there is no law supporting such a “conversion” theory in which the Note should be re-christened based on the borrower’s default. Petitioner would have a real estate note magically lose its contractual provisions for option... | Party Submissions | 10.725381 | 10.275745 | 11.15941 |
Respondent did not breach the RER Contract by rejecting Second Claimant’s Third Extension Request. Neither the RER Contract nor Peruvian law provide an entitlement to an extension of the Actual COS or the Termination Date of the Contract or an obligation on Respondent to grant one. To the contrary, such an extension wo... | Legal Decisions | 8.646512 | 7.397768 | 8.625172 |
Q: Okay, and using that value did they [Pritchard & Abbott] determine what was the total value of the transmission lines in Texas? A: Of just the lines it was $496,193,596. Q: Okay. And did you guys agree to that as well? A: Yes sir. There is no document in the record reflecting an “agreement” to the “total value of th... | Party Submissions | 11.0263 | 11.77511 | 11.566437 |
Taking Weatherford’s “mixture” argument the full distance, Weatherford asks the Court to adopt an arbitrary classification system to classify part of Midland’s sewage system as a “solid waste facility” under the jurisdiction of the SWDA, and the remainder of the system as a domestic sewage system, exempted by the SWDA,... | Party Submissions | 9.975635 | 10.168 | 10.211998 |
In her summary-judgment response and on appeal, Douglas does not specifically use the term "unconscionable." However, Douglas suggests she was precluded from filing a workers' compensation claim based on Moody's initial position that she was not injured in the course and scope of her employment; therefore, she will rec... | Party Submissions | 8.402556 | 9.885884 | 9.814273 |
In re Tyler Asphalt & Gravel Co., Inc., 107 S.W.3d 832 (2003) LAB.CODE ANN. § 410.303. Therefore, the trial court would controvert that provision by trying the negligence claims while judicial review is pending. | Party Submissions | 10.765254 | 14.812855 | 13.149391 |
Griggs stands for a modest proposition: Two courts should avoid exercising control over the same order or judgment simultaneously. The problem Griggs identifies is the “danger a district court and a court of appeals would be simultaneously analyzing the same judgment.” Id., at 59, 103 S.Ct. 400. The cure Griggs prescri... | Party Submissions | 5.692454 | 6.094074 | 6.651766 |
Relief sought : This Court should deny Relator’s petition and should deny Relator’s motion for temporary relief because (1) Relator seeks to disrupt an ongoing or imminent election; (2) under the equitable principles that control mandamus, Relator’s delay precludes relief; (3) the appropriate remedy for any technical d... | Party Submissions | 8.571257 | 9.194799 | 9.944778 |
Account. Account means a bookkeeping account maintained by the Committee to record the payment obligation of a Participating Employer to a Participant as determined under the terms of the Plan (and for clarity, shall include each Retirement Account, each Separation from Service Account and each Specified Date Account).... | Contract | 8.509339 | 8.552835 | 10.265553 |
There is no SWDA requirement for the cost-recovery defendant to prove a mixture of household sewage with industrial waste to qualify for the domestic sewage exclusion. Weatherford’s self-serving interpretation of the SWDA statute is not supported in this Court’s R.R. Street precedent, but instead is Weatherford’s attem... | Party Submissions | 10.100473 | 9.592002 | 10.477647 |
Accordingly, the trial court's Order Granting Temporary Injunction is hereby reversed and declared void, and the temporary injunction is dissolved. Interfirst, 715 S.W.2d 640. | Party Submissions | 7.521184 | 9.478435 | 9.45835 |
The Delapenas filed a response to the plea and submitted their own jurisdictional evidence, including a copy of a “Texas Health and Human Services Commission Child -Care Licensing Investigation Report. ” Citing multiple acts and omissions, the report concluded by a preponderance of the evidence that the camp’s director... | Party Submissions | 9.067781 | 10.264648 | 9.642705 |
FTC Statement on Non-Disputing Party Participation dated 7 October 2003; Arbitration Rule 67 29.1. If a request for the submission of an amicus curiae brief is filed by the date indicated in Annex B, the Tribunal will give the appropriate directions in the exercise of its powers under Arbitration Rule 67 and take into ... | Legal Decisions | 9.190047 | 11.32584 | 10.49035 |
HN5 [ ] "Under the exclusive jurisdiction doctrine, the Legislature grants an administrative agency the sole authority to make the initial determination in a dispute." Subaru of Am., Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 221 (Tex. 2002). If an agency has exclusive jurisdiction, courts have no subject matte... | Party Submissions | 3.755368 | 3.968876 | 4.281591 |
We conclude that French v. French, and subsequent cases erred in characterizing nonvested pension rights as expectancies and in denying the trial courts the authority to divide such rights as community property. This mischaracterization of pension rights has, and unless overturned, will continue to result in inequitabl... | Party Submissions | 13.029514 | 13.415858 | 15.903581 |
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