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6 Sep 12:34 pm by Troy & Schwartz
... The latest Florida case on the vicarious liability of rental car companies reiterates this point. Blanks v. Enterprise Leasing Co., et al. (Fla. 3d DCA, Sept. ... . 2d 599 (Fla. 3d DCA 2008); and Vargas v. Enter. Leasing Co., 993 So. 2d 614 (Fla. 4th DCA 2008). The purpose of ... exceptions provided in the Graves Amendment will be of little use in establishing the vicarious liability of vehicle rental companies absent clearly negligent conduct by rental car owners (for example, for failing to verify that ...
Florida Injury Lawyers Blog - http://www.floridainjurylawyersblog.com/
7 Sep 9:11 am
... of the owner). 49 U.S.C. § 30106(a). Micki Schulman rented a vehicle from ELRAC, Inc., d/b/a Enterprise Rent-A-Car and was involved in an accident with the plaintiff. Plaintiff commenced a personal injury action against Schulman and ELRAC. Prior to ... and attorneys fees that exceeded $25,000. However there many be situations in which counsel would conclude that having the leasing company remain in the case, if there is a legal basis for doing so, may increase the chances of a favorable settlement ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
... The amount of the financing is typically substantial, and the venture capitalist typically will demand a large stake in the enterprise being financed. B. The advantages of venture capital financing are: 1. The venture capitalist may be willing to ... source may be cheaper than alternative sources; the principals of the corporation may be able to retain control of the company by selling to investors who are not interested in active management participation; and the corporation's image and prestige, ...
Salcido Law Blog - http://salcidolawfirmblog.blogspot.com/
22 Apr, 2007 4:16 am by Charles Rubin
... SPEEDWAY SUPERAMERICA, LLC, v. TROPIC ENTERPRISES, INC., SUNOCO, INC. (R&M), and MASCOT PETROLEUM COMPANY, INC., the lease provided that "Lessee shall not ... not expressly provide that the landlord's discretion to withhold consent was "absolute." Presumably, if the lease had expressly provided for "absolute discretion" in the landlord on this issue, then the duty of commercial ... , INC., SUNOCO, INC. (R&M), and MASCOT PETROLEUM COMPANY, INC., 32 Fla. L. Weekly D1032b (2nd DCA, April 20, 2007).
Tags: Leases
Rubin on Tax - http://rubinontax.blogspot.com
28 Dec, 2008 10:43 pm by Roy A. Mura
... to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if: (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor ... physical harm to himself and others may be liable for negligent entrustment" (see, Pacho v. Enterprise Rent-A-Car Co., 572 F.Supp.2d 341 [SD NY 2008]) The Pacho Court found "negligent entrustment" applied to the rental company's failure in ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
23 Jan 12:57 am by Peter Rost
... from a first class innovator that treated its suppliers and customers with the care and the respect that anybody who has a stake in the enterprise deserves, to easy pickings when times got tough. Just as Chrysler chips away at content and cheapens its ... hard-earned taxes. The TARP funds were explicitly authorized to fund a "bailout" of financial institutions, NOT car companies!! The Prez did this deceitful business without Congressional authorization-the supine Congress doesn't have the nerve to ...
THE PHARMA LAW BLOG - http://peterrost.blogspot.com/
5 Aug 5:05 pm by Randall Reese
Late Wednesday night, Finlay Enterprises, Inc. and its affiliates voluntarily filed for bankruptcy protection in the Southern District of New York. The companies, which trace their roots to 1887 when they began operations as a mail order ... year, which accounted for over $16 million in 2008 revenue. As a result of these and other challenges, Finlay decided to exit its leased department store jewelry business in February 2009 and engaged Alvarez & Marsal North America, LLC and Asset Disposition ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
16 Jun, 2008 9:55 pm by Roy A. Mura
... the moving party's arguments and submissions without regard to the law. Russo rented a car from ELRAC/Enterprise and, according to the complaint, allowed someone not listed on the rental agreement to drive the rental car. That ... Plaintiff from receiving the recovery it seeks herein]" (citation omitted). The antisubrogation rule notwithstanding, a car rental company may enforce the indemnification clause in its rental agreement to the extent its liability exceeds the statutory minimum amount of ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
12 May, 2008 12:45 pm
... is a high-speed, wireless, broadband internet service provider. When Combs worked for Skyriver, it was a "young start-up company" and Combs was the first manager for capacity planning, and then became the director of network operations. He voluntarily resigned in ... , who have been described as 'those whose primary duty is producing the commodity or commodities, whether goods or services, that the enterprise exists to produce.' [Citation.]" (citing Bell II, supra, 87 Cal.App.4th at p. 820, fns. ...
California Labor and Employment Defense Blog - http://www.vtzlawblog.com/
11 Nov 9:03 am by Randall Reese
On Tuesday, Finlay Enterprises, Inc. announced the winning bidders at an auction held for the sale of assets including furniture, fixtures, and equipment, information technology, intellectual property, and unexpired leases of real property. At the time of ... Fink's Jewelers, Inc. General Growth Properties (also operating under chapter 11 protection) Govberg Jewelers The Forbes Company Synergies, Corp. Helzberg's Diamond Shops, Inc. Finlay's selection of these bidders as the successful bidders is ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
... associated with the death itself. This Missouri wrongful death suit was filed against the driver of the vehicle for negligence and also against Enterprise Leasing Company because the family alleged negligent entrustment of the vehicle being leased to the allegedly reckless driver. The family claims that the actions of Enterprise combined with the negligent driver were the proximate causes of the injuries and death suffered. The family seeks ...
Missouri Personal Injury Lawyer Blog - http://www.missouripersonalinjurylawyerblog.com/
7 Apr 6:52 pm by Levin & Perconti
... , the company who rented the truck to the driver, as defendants. According to the lawsuit, the truck driver rented the truck from Enterprise Leasing Company and was traveling west bound on a bridge when he illegally tried to pass a tractor trailer. He came ... that the lawsuit alleges the truck driver was driving at a high rate of speed in a no passing zone. They are suing Enterprise for not determining if the driver was fit to drive the truck according to traffic laws before they rented him the ...
Illinois Truck Accident Lawyer Blog - http://www.illinoistruckaccidentlawyerblog.com/
7 Apr 4:56 pm by Steven J. Malman
In Illinois, a woman is suing Guarantee Electric Company, Enterprise Leasing Company, and trucker Christopher J. Hankins for her father's truck accident death. She is seeking over $200,000, plus other relief. Gerald T. Berkel was ... when Hankins's truck collided with him. Hankins, employed by Guarantee Electric, was operating a rental truck belonging to Enterprise. Kelly Berkel's lawsuit accuses Hankins of negligence for failing to stop his truck before striking her ...
Chicago Truck Accident Lawyer Blog - http://www.chicagotruckaccidentlawyerblog.com/
21 Nov, 2008 10:32 pm
... In re: The estate of Lee v. Jefferson Metropolitan Healthcare Authority, et al. Howard v. Allstate Insurance Company, et al. Johnson v. Strain, et al. The City of Birmingham v. Major Ex parte Brunner, Petition for Writ of Certiorari to the Court of Civil Appeals; In re: Brunner v. Ormsby Fenn v. Ozark City Schools Board of Education Killings v. Enterprise Leasing Company, Inc. Ex parte State of Alabama, Petition for Writ of Mandamus; In re: State of Alabama v. Jones
Alabama Appellate Watch - http://www.alabamaappellatewatch.com/
28 Jul 6:00 am by Christopher HOPKINS
... other persons, firms, and corporations.." Later, the plaintiff tried to sue third parties, who claimed that they had been released. The plaintiff then tried to reform the contract under a theory of mutual mistake. The Panel in Enterprise Leasing Company v. John and Judy Demartino et al. (Villanti, Silberman, and Dakan) held that the plaintiff provided record evidence of their mistake but had not proven that the released parties acknowledged the ...
Florida Arbitration Law . com - http://FloridaArbitrationLaw.com/blogs/index.php?blog=5
29 Oct 5:58 am by Beck/Herrmann
... Id. at 93. Additional (non-drug/device) cases for the proposition that mere failure to have a government license does not establish negligence per se as to injuries suffered as a result of the unlicensed activity include: Cousin v. Enterprise Leasing Company-South Central, Inc., 948 So.2d 1287, 1290 (Miss. 2007) (driver's license); State v. LaFlam, 965 A.2d 519, 522-23 (Vt. 2008) (commercial driver's license); Mousseau ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
5 Oct, 2007 1:37 am by James Edward Maule
... I called for "a referendum at the next election." I noted that polls showed widespread lack of support for the idea of leasing the turnpike. Shortly thereafter, the governor formally presented his plan to the legislature, and I shared my comments in ... is readily apparent from an analysis of the "suitors" seeking to become the turnpike lessee. Almost all are financial enterprises, management companies, and engineering firms. Among them are several toll-road management companies, who somehow think ...
MauledAgain - http://mauledagain.blogspot.com
2 Jul, 2008 4:08 pm by Marcia Oddi
... was involved in a automobile accident in Virginia while driving a rental car owned by Enterprise Leasing ("Enterprise"), Safe Auto Insurance Company ("Safe Auto") filed a complaint for declaratory judgment in Adams Circuit Court arguing its policyholder ... the statute and its policy provision. We conclude that while Safe Auto's extraordinarily limited coverage for leased vehicles is unusual at the very least, this limited coverage is not in conflict with state statute. Accordingly, the trial court ...
The Indiana Law Blog - http://indianalawblog.com/
28 May 7:09 am
... Kansas City area and in Branson, Mo. According to the indictment, Abrorkhodja Askarkhodjaev owned and operated a labor leasing company, Giant Labor Solutions, in Kansas City, MO. Through Giant Labor and a dozen other ... to reside in apartments it exclusively secured, controlled and for which it charged exorbitant rents. According to the indictment, the enterprise often threatened to cancel the immigration status of foreign nationals who requested permission to seek alternative housing. Allegedly, ...
RICO Law Blog - http://www.ricolawblog.com/
14 Oct 1:06 pm by @ErikJHeels
... travel back in time and undo your filing. I have linked each company name to its corresponding record at the Massachusetts Secretary of State's office (or Secretary of the Commonwealth ... Build, Inc. (Wellesley Hills, MA; Edward Loughran, President) Chelsea Enterprises Construction Company (Brockton, MA; Manuel Tenezaca, President) Cherry Hill Ii Manager ... Dong Gourmet, Inc. (Methuen, MA; Wen Pan, President) Doonan Brothers Leasing & Management Co., Inc. (New Bedford, MA; Steve Doonan, President ...
Erik J. Heels - http://erikjheels.com
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