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12 Oct, 2008 12:55 pm
... have provided another way of achieving a similar result. This becomes important later on.) The property was purchased by Horsham Properties Group Ltd ("Horsham"). At this stage (a) the sale of the property had raised sufficient monies to
discharge the mortgage and (b) ... and argued that, if they were rejected, there should be a declaration of incompatibility. The decision The Court (Briggs J) had no difficulty in accepting that, in losing the right to pay off the mortgage, one had lost a "possession ...
2 Jul, 2008 3:13 pm
... was held to be not only constitutional but also applicable to legacy cases. The plaintiff, M.J. Farms,
Ltd., made two arguments: that Act 312 was inapplicable to legacy lawsuits and that it was unconstitutional. ... Court concluded that Act 312
provides a procedure for resolving claims for environmental damage, the goal of which is to ensure that the damaged property is actually remediated according to standards
protecting the public's interest. The Louisiana Supreme Court also rejected plaintiff's ...
22 May 8:06 pm
... ;J Coupe Family Ltd. P'ship, 119 Haw. 352, 198 P.3d 615 (Dec.
24, 2008) (posted here), the Hawaii Supreme Court held that property is not ... and $111,000 in costs. Additionally, in County of Hawaii v. C&J Coupe Family Ltd. P'ship, No. 28822 (Apr. 21, 2009) (opinion posted ... on
appeal. As noted in this post, however, we asked the Supreme Court to reconsider its conclusion that the property owner was not entitled to damages associated with the County's
motion to transfer the consolidated appeals ...
22 Apr 11:51 am
... Ltd. P'ship, No. 28822 (Apr. 21, 2009), the court held that a property owner is entitled to be made economically whole pursuant to
Haw. Rev. Stat. § 101-27, including the ... road for lack of public use, but in a separate case prosecuted concurrently, the court held the property could be taken. The County
asserted that it was not liable for damages for the failed taking because the property was "finally taken" in the second action. In County of Hawaii v. C&J Coupe Family Ltd. P'ship, 119 Haw. ...
25 Feb 9:29 am
... result of slip and fall caused by the negligence of the Property Manager. Wight v. T.G.S. Properties Ltd. [2008] A.J. No. 1366 Alberta Court of Queen's Bench J.M. Ross J. December 4, 2008 The plaintiff
was injured in a slip and fall and it was agreed that the ... actually insured against by Owner". The Article placed upon the Owner the risk of loss or damage arising from the
Property Manager's negligence as it clearly defined the obligation of the Owner to carry insurance against liability for ...
4 Jun, 2007 10:00 pm
... and the allegations therefore did not involve "property damage" under the terms of the policy. Here is the citation: Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada [2007] B.C.J. No. 651. British
Columbia ... by Steve Vorbrodt and edited by David Pilley. Here is a link to the decision. The petitioning general contractor, Progressive Homes Ltd. ("Progressive"), sought a declaration that the Respondent liability insurance company, Lombard General Insurance Co. of Canada ("Lombard"), ...
28 Jun, 2007 2:43 pm
... basis that the allegations fell within the standard CGL pollution exclusion clause. The case citation is: Dave's K. & K. Sandblasting (1988) Ltd. (c.o.b. K&K Sandblasting Ltd.) v. Aviva Insurance Co. of Canada [2007] B.C.J. No. 1203. British Columbia Supreme Court. Goepel J. June 4, 2007. Here is a link to the decision. This case was originally digested by Shanti Davies and edited by David Pilley. The Insured operated a
sandblasting business on property it had leased from the Owner. It ...
12 Nov 6:31 am
... pleased to announce the addition of Christopher J. McGeehan as new contributor to the site. Chris is a
principal at McGeehan Technology Law, Ltd., where he concentrates his practice in intellectual property, information technology and
commercial litigation matters ... in several bar associations, including the American Bar Association, the Chicago Bar Association and the Intellectual Property Law Association
of Chicago. He is a past chair of the Chicago Bar Association's Intellectual Property Law ...
15 Sep, 2007 9:27 pm
... . The Ontario Superior Court determined that the owner was not entitled to insurance coverage because the allegations against the owner arose out of their position as occupier of
the property a cause of action that was distinct from the allegations of negligence agains the maintainer. Here is the case citation: D'Cruz v. B.P. Landscaping Ltd. [2007] O.J. No. 2704. Ontario Superior Court of Justice. N.M. Mossip
J. ...
6 Apr, 2008 12:23 pm
... technological CR controls. Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005). The Supreme Court completely ignored
all ... E. Cohen, Fair Use Infrastructure for Rights Management Systems, 15 Harv. J.L. & Tech. 41
(2001). The ability of technology to regulate online behavior ... possession or control, and (3) a legitimate claim of ownership. The law requires that intangible property be
merged with the a tangible document or chattel, e.g. possession of land merged with a deed ...
1 Oct, 2007 3:28 am
Squatters' rights to another's land are not disproportionate J.A. Pye (Oxford) Ltd v. United Kingdom European Court of Human Rights "Provisions of English law allowing squatters to obtain after 12 years of adverse ... the right to title
of the land, without liability to compensation, was not an intrusion into the applicant companies' rights to the ownership of their property." The Times, 1st October 2007 Source:
www.timesonline.co.uk Please note the Times Law Reports are only available free on ...
4 Feb, 2008 8:40 pm
... class textbook. Mark A. Lemley, Peter S. Menell & Robert P. Merges, Intellectual Property in the New Technological Age (4th ed. 2006). To be clear, none of these authors
have endorsed ... , e.g. taking the style of cat in the hat books in a book about O.J. Simpson. - Sega
Enterprises, Ltd. v. Accolade, Inc., 977 F.2d 1510 (9th Cir. ... or market your infringement you should be liable. - MGM Studios, Inc. v.
Grokster, Ltd. 125 S.Ct. 2764 (2005). The Court completely ignored all circuit cases arising ...
1 Aug, 2008 2:05 pm
... every business today will confront licensing issues on an increasingly frequent basis. A solid base of knowledge about licensing of intellectual property has never been more
important for companies and their counsel. This introductory course will give you an ... Chairperson Marcelo Halpern, Latham & Watkins LLP Speakers Gregory J. Battersby, Grimes & Battersby, LLP Beverly A. Berneman, Querrey & Harrow, Ltd.Champ W. Davis, Davis McGrath LLC Margaret M. Duncan, McDermott Will & Emery ...
18 Sep 3:20 am
... v. Neo-Neon Int'l., Ltd., No. 06 C 4879, Slip Op. (N.D. Ill. Jul. 30, 2009) (Norgle, J.). Judge Norgle denied plaintiff's ... in suit were not the same. Plaintiff's instant suit asserted its US intellectual property. Defendant's
Chinese suit, on the other hand, sought a declaratory judgment that defendant owned its ... the Chinese suit would not make determinations about plaintiff's US intellectual
property, neither litigation's outcome would be dispositive of the other. Furthermore, plaintiff did not ...
20 Mar 5:49 am
... , Commerce and Finance (German-English English-German), now in its 3rd edition and published by license agreement with Routledge Ltd,
London ("licence" in the UK) , and of which I am one of four co-authors, has a new link in ... commercial language, banking, taxation, education, the stock market, computers & the
Internet, finance, leisure & tourism, property, import/export, industry in general, communications, management, media, patents, personnel management, politics, accounting,
law, ...
2 Feb, 2007 7:43 pm
The Court held that an alarm warranty in an Interim Binder was not enforceable against the Insured.Here is the citation: 0712914 B.C. Ltd. v.
Aviva Insurance Co. of Canada [2007] B.C.J. No. 205. British Columbia Supreme Court. Fisher J. February 2, 2007Here is...
21 Jul, 2008 8:14 pm
... in the name of the insured against the defendant driver notwithstanding the direct compensation scheme set out in s. 263 of the Insurance Act, R.S.O. c. I.8. G.L. Gibbons Delivery
Service Ltd. v. Jenkins [2008] O.J. No. 1790 Ontario Superior
Court of Justice T.P. Herman, J. May 6, 2008 The insured was hired to deliver a trailer. While an employee
of the insured was en route, towing the trailer, he was rear ended causing extensive damage to the ...
15 Jul 11:39 pm
... throughout history." . . . . A similar principle abounds in the laws of other nations. See, e.g., Gustavson Drilling (1964) Ltd. v.
Minister of National Revenue, 66 D.L.R. 3d 449, 462 (Can. 1975) (discussing rule that statutes should not be construed in a manner that would impair existing property rights);
The French Civil Code, Preliminary Title, art. 2, p. 2 ("Legislation only provides for the future; it has no retroactive effect") (J. Crabb trans., rev. ed. 1995); Aarnio, ...
14 Jun, 2007 12:34 pm
... later the issue, arose again, except in the context of property damage as opposed to personal injury. In Allen v. Bapco Paint Ltd.
(1982) 34 B.C.L. ... accrue (per Lord Evershed in Cartledge v. E. Jopling & Sons Ltd. [1963] 1 All E.R. 341, quoted by the Supreme Court of
Canada ... law principle that the limitation period commences once a legitimate injury is discovered. Lowry J.A., for the court, notes: ¶ ¶ ¶ 18 It was conceded that at common law ignorance of or mistake as to the extent of damages ...
23 Apr 1:57 pm
... 's recent opinion in the cases involving the County of Hawaii's attempt to take the property of a Kona family to meet the County's obligations under a development agreement
with the developer ... project. Disclosure: we represent the property owner in these cases. In County of Hawaii v. C&J Coupe Family Ltd. P'ship, No. 28822 ... posted here), the Supreme Court rejected the County's argument,
holding that if property is not taken in an eminent domain case the County must make the owner economically ...
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