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27 Jun 2016, 3:17 am
Goodwin, 534 N.Y.S.2d 590 (3rd Dep’t 1998). [read post]
31 May 2015, 10:21 am
FRANKLIN DURAN, Respondent. 3rd District.Torts -- Malicious prosecution -- Attorney's fees -- Claim or defense not supported by material facts or applicable law -- Trial court erred in awarding attorney's fees pursuant to section 57.105, Florida Statutes, in favor of defendant, an unlicensed contractor who had filed an invalid lien against plaintiff's property, on the basis that plaintiff's malicious prosecution action against defendant was not supported by… [read post]
25 Sep 2018, 8:43 am
That decision is being appealed to the U.S. 3rd Circuit Court of Appeals. [read post]
17 Feb 2013, 6:32 pm
MCA’s contract with Shorenstein had required MCA to obtain liability insurance covering the owner, Shorenstein, and any other party specified by the owner. [read post]
20 Nov 2017, 11:33 am
The author reserves the right to qualify or retract any of these statements at any t [read post]
16 Feb 2015, 4:24 pm
CANDICE SAFFER, Appellee. 3rd District.Contracts -- Construction -- Third-party complaint by contractor who had been sued for defective construction of home against subcontractor, alleging that subcontractor had breached oral contract with contractor to install interior drywall in home by failing to properly install drywall -- Although one paragraph of complaint stated that subcontractor “performed its drywall work pursuant to the oral agreement,”… [read post]
14 Jan 2016, 3:24 pm
This latter statute provides that the “trustee may not assume . . . any executory contract . . . if . . . applicable law . . . excuses a party . . . to such contract . . . from accepting performance from . . . . an entity other than the debtor or debtor in possession…” Unfortunately, there are cases that come down on both sides here, holding in contradictory fashion that (1) Section 365(c)(1) does not prohibit a debtor in poss [read post]
11 May 2018, 7:32 am
As noted in the Fla. 3rd DCA case Continental National Bank v. [read post]
30 Jan 2012, 10:10 pm
Almost always this very fair proposed change will be accepted. 3rd Party Indemnification - Take a look at that indemnification clause closely. [read post]
18 Feb 2012, 5:15 am
The judge, however, granted special permission for the defendants to appeal before the case proceeded any further. [read post]
19 Mar 2020, 6:18 am
§ 52.249-14 provides that “the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. [read post]
19 Aug 2021, 12:21 pm
SHANNON LENAHAN, Appellee. 3rd District. [read post]
7 Dec 2018, 11:29 am
It expands FEHA protection to any harassment by contractors, rather than just sex harassment. [read post]
24 Aug 2015, 5:01 pm
RICHARD STONE, M.D., et al., Appellees. 3rd District.Wrongful death -- Product liability -- TobaccoDIANA PAPPAS, as Personal Representative of the Estate of MINA PAPPAS, Deceased, Appellant/Cross-Appellee, v. [read post]
23 Aug 2019, 4:33 am
Contractors, subcontractors and other parties may be sued if they were negligent for causing the electrocution. [read post]
24 Jan 2007, 1:24 am
She was also entitled to conclude that Point had not proved on the balance of probabilities that all its software, whether written by Point or by sub-contractors, was created without copying or adapting any corresponding part of Focus's product.* Point had not identified all those who had worked on the software and had not called them to give evidence. [read post]
28 Jan 2021, 6:37 am
The Fourth Defendant is a contractor which was carrying out renovation works on the swimming pool at the time of the accident, and the Fifth Defendant is the insurer of the Fourth Defendant. [read post]
10 Nov 2023, 2:02 am
Court of Appeals for the 3rd Circuit endorsed this rule, upholding the case. [read post]
7 Jan 2009, 12:54 pm
Determining whether to challenge the award of a contract to a competitor can be a daunting decision for a federal government contractor. [read post]
15 Jul 2020, 6:23 pm
The appellate court reversed with respect to the contractor, but not the party hosts. [read post]
