Search for: "Christopher Bright"
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5 Dec, 2006 6:55 am
... is contracting away." Basically, it appears that any loophole, double meaning, or absence of total clarity will undue the exculpatory clause. In this case, the absence of total
clarity killed the clause. The 5th DCA noted that it did not follow the "bright line" test whereby the exculpatory clause must use the magic
words "negligent" or "negligence." According to the Cain opinion, all of the other DCAs require the magic words. This leads, obviously, to possible further appeals. Meanwhile, the ...
17 Oct, 2008 4:08 pm
... am absolutely delighted to be a guest in the Faculty Lounge. Many thanks to Dan for inviting me. Christopher Buckley, son of William F.
Buckley, Jr., caught hell after endorsing ... getting people to cancel their subscriptions to National Review. But there was one bright spot:
To those who wrote me to demand, "Cancel my subscription," I was able to quote ... very well might have done something far more rebellious than Christopher has done in endorsing Obama. Indeed, a younger Buckley might have been a ...
19 Sep 5:32 pm
... Svenson, Evan Brown, and Doug Lichtman Tivo and timeshifting, DMCA with Veoh and Viacom, P2P, fair use, Kaleidescape, and more. Talking points: [delicious.com] TWiL shownotes TWiL
on Friendfeed Audible picks: 1968: The Year That Rocked the World, Unabridged, By Mark Kurlansky, Narrated by Christopher Cazenove. For a free
audiobook, visit AudiblePodcast.com/twil. Special thanks to Nigel Clutterbuck for the TWiL theme music. Thanks to Cachefly for the bandwidth for this show. Running time: 2:10:05
Listen Now:
2 Oct, 2007 1:08 pm
... neither the owner nor administrator of the facility nor was she a party to the admission agreement (although she signed on behalf of Bright
Horizons). The arbitrator accepted post-hearing submissions of evidence from the Plaintiff and then issued this Award, finding there was no ... was represented by Leonard Haberman of
Aronberg & Aronberg, P.A. in Delray Beach, Florida. The Defendants were represented by Christopher B. Hopkins and Allison S.
Miller-Bernstein of Cole, Scott & Kissane, P.A.
27 Jul, 2008 7:34 pm
... Terri and John have a daughter, Samantha and are divorced. Samantha is exceptionally bright and finished high school at age 17 and was
accepted to college early ... pay half of the expenses as he agreed to do in the Marital Settlement Agreement. Authored By: Christopher A.
Pearsall, Attorney-at-Law 70 Dogwood Drive, Suite 304 West Warwick ... Family Law* Attorney now 100% Digital and Virtual! Copyright 2008. Christopher A. Pearsall, Internet Entrepreneur and Attorney-at-Law *The Rhode Island Supreme Court ...
15 Dec, 2006 6:35 am
... waiver of that right. Significance? Florida courts have been dancing around the contours of and grounds for arbitration waiver. It needs to end. A bright line test is open and available to the courts, if they would only take the opportunity. This case may be a first step. A bright line test for waiver of both arbitration and venue would be "active participation" meaning filing a complaint, filing an Answer, or filing a
dispositive motion (or a ...
24 Sep 10:11 am
... arbitration, and that they never put anything at issue by filing an Answer or seeking relief. For some time, we have been advocating that the bright line waiver standard should be whether a party makes or denies a claim in a counter/cross claim or Answer however other courts have not pursued that
simple, bright line test. We question whether this decision signals that the Fourth DCA may take up that standard, at least in limited
situations.
16 Apr, 2008 5:20 am
... (b) if that's going to impact his business. Of note, the article discusses the Florida case of Estate of Kirshner v. Bright Horizons which
we've mentioned here on this site, including providing the arbitrator's detailed award setting out the grounds ... . Read the Kirshner award and decide for yourself. Nonetheless, it is
worth noting that arbitration is important enough to make the front page of the WSJ... Caveat: Christopher Hopkins and Allison Bernstein of
this site were the lawyers in Kirshner.
1 Aug, 2006 5:36 am
... the property or requesting arbitration pursuant to the sales contract are not mutually exclusive actions." This was the holding in Bonner v. RCC Associates, Inco.2d 794 (Fla. 3d DCA
1996). Bottom line? Our research suggests that filing an answer or a complaint is the bright line test for waiver of arbitration. However,
there are times were a court order to preserve the status quo is necessary and it appears from Frontage and Bonner that the method is to file suit and seek a stay for arbitration.
8 Nov, 2007 6:00 am
In a follow up to our prior report on the arbitrator siding with the defendant in Estate of Leo Kirshner v. Bright Horizons et al., Judge Barry
Goldstein of the 17th Judicial Circuit in and for Broward County confirmed the arbitration award with this Final Judgment. Note to practitioners, once you have an arbitration award, it
ain't over yet. You need the court to confirm (or, as needed modify) the award. Unless the arbitrator was authorized, the Court also awards fees and costs.
1 Jun, 2008 5:19 pm
... , going bald, being able to curl our tongue or being a carrier for a particularly virulent type of breast cancer and health insurers know it. Health insurers look at many factors to
assess risk including age, occupation, smoking etc. This legislation has drawn a bright line beyond which no insurer can look to prevent
insurers from providing coverage to the least vulnerable and leaving everyone else out in the cold. What do you think about it? http://www.medicalnewstoday.com/articles/108531.php
10 Aug, 2008 8:53 pm
... to do in arbitration. Taking years of depositions and discovery MAY change that analysis. More accurately, filing an Answer which denies the claims is the triggering event. Indeed,
if one studies waiver cases, filing an Answer is always present. It is a clear bright line rule -- if you file an Answer with the word "denied"
then that means you've waived. To support this position, Florida courts hold that Motions to Dismiss aren't waiver. Again, in our eyes, there's a conflict between the Third ...
16 Oct, 2008 1:30 am
... of favoring arbitration, the courts have developed a hair-trigger response by finding almost any act in court other than a motion to compel arbitration to be waiver. We've mentioned
before, there is a clear opportunity for the courts to draw a bright line "waiver test" based upon the filing of an Answer. But this is not
that case. The Second District (Altenbernd, Casasnueva, and Stringer) picked up on the fact that, while there is no precise definition of active participation, there was also no ...
17 Jan 4:17 am
Posted by D. Daniel Sokol Christopher Bright (Shearman & Sterling) and John Schmidt (Shepherd and
Wedderburn) discuss Financial Strength as a Relevant Criterion in EC Merger Analysis: A Search for Meaning in a new article. ABSTRACT: The concept that a...
8 Mar 9:53 am
... and adequate lighting, then these cases can often fail. As a society, we want to reward the good actors with immunity from liability. We want well guarded and maintained apartments
and stores. However, many Georgia apartments have no security. There is no bright line test for what is adequate security and what is not. Each
case is different and the level of prior crime and the practicality of defending the complex plays a huge role. In Brookview Holdings v. Suarez 285 Ga.App. 90, 645 S.E.2d 559 ...
25 Mar 12:16 pm
... from the strict requirements of [F.S. 768.79] and [Rule 1.442] [which lead the court to conclude that] a settlement offer made to or from to or more parties... must specify the
amount attributable to each of them." This, the court held, was a bright line rule. Here, there were two plaintiffs and Hyundai's Proposal
failed to specify the amount attributable to each; although their claims may have been indistinguishable, it did not change the outcome. The court found there are no exceptions to the
...
6 May 4:15 am
... They found that third party beneficiary status to enforce a contract is "a weak premise" to allow an appeal. Procedure over substantive rights. The dissent likewise grasped for the
same concept as the majority: they claimed that "signatory? yes-no" was the appropriate bright line rule. In short, any movant can appeal the
loss of a motion to compel arbitration under the FAA, regardless of signatory status. By the way, in the event you want a list of "traditional" state contract law grounds for ...
5 Oct 11:41 am
We have previously suggested that a bright line rule has yet to emerge when Florida courts consider the third prong of the Seifert test, waiver
of arbitration. Thus, taking action other than filing a Motion to Compel Arbitration is not recommended for defendants (likewise, plaintiffs should be aware of any arbitration rights
before filing suit). That said, two intermediate appellate courts have recently ruled that filing an Answer, raising arbitration as an affirmative defense, is not waiver by ...
23 Nov 12:04 pm
... has an interesting little discussion of rules and standards in the development of the Eighth Amendment jurisprudence. The piece is headlined "Bright Lines Blur in Juvenile Sentencing," though it discusses post-Atkins litigation concerning mental retardation as much as ... have taken wildly different
approaches. The study, conducted by John H. Blume, Sheri Lynn Johnson and Christopher Seeds, tried to collect all determinations concerning
retardation in capital cases in the six years after Atkins, ...
23 Nov 8:57 am
... put to death for your crime. The same killing a few hours later may be a capital offense. The court drew a bright-line rule at 18. Here is
an example of a standard, one proposed by Chief Justice John G. Roberts Jr. this month at ... -by-case determinations have taken wildly different approaches. The study, conducted by
John H. Blume, Sheri Lynn Johnson and Christopher Seeds, tried to collect all determinations concerning retardation in capital cases in the six
years after Atkins, finding 234. That ...
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