Search for: "Clark Reliance"
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27 Aug 2009, 5:03 pm
., Decided August 19, 2009: Picture by ToastyKen The essential elements of a fraud claim are: "(1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting damages. [read post]
24 Jul 2009, 3:22 pm
This was due to the court's apparent reliance on counsel's evaluation of the class's overtime claim as having "absolutely no" value, without regard to the objectors' claim that counsel's evaluation was based on an allegedly "staggering mistake of law. [read post]
13 Jul 2010, 9:35 am
“Disputes of material fact should not be resolved on the basis of certifications nor in reliance upon ambiguous terms in a property settlement agreement. [read post]
28 Oct 2010, 7:57 pm
According to David Clarke of Reuters, that fact alone will make it tougher to get Congress to extend or narrow the ban on use of the agencies' ratings by banks. [read post]
24 Jun 2011, 12:39 pm
The five elements of legal fraud are: (1) a material representation by the defendant of a presently existing or past fact; (2) knowledge or belief by the defendant of that representation’s falsity; (3) an intent that the plaintiff rely thereon; (4) reasonable reliance by the plaintiff on the representation; and (5) resulting damage to the plaintiff. [read post]
30 Nov 2021, 3:53 am
The Company also rejected the employees’ reliance on the U.S. [read post]
A grant of summary judgment without more does not support a finding of bad faith by the losing party
26 Nov 2011, 10:11 am
In Ferolito, supra, the court reversed the award of fees under N.J.S.A. 2A:15-59.1 in view of the trial court’s failure to address the question of reliance and good faith. [read post]
26 Feb 2009, 6:30 am
" Clarke, 73 Va. [read post]
12 Jan 2011, 1:49 pm
Harold Clarke, Esq. [read post]
5 Oct 2010, 3:28 pm
Harold Clarke, Esq. [read post]
23 Apr 2014, 9:00 am
Clark. [read post]
14 Feb 2020, 4:00 am
Cummins is the managing partner of the Clarks Summit, PA law firm of Cummins Law. [read post]
23 Oct 2023, 4:00 am
Further, the outlandishness of the advice itself casts doubt on a defendant's sincerity in claiming to have believed it.Third, the reasonableness and sincerity of reliance on advice of counsel can be undermined by the fact that a defendant received contrary legal advice. [read post]
13 Nov 2010, 7:19 am
On the other end of the spectrum are a “handful of courts” that extend the duty to any party whose reliance on an audit is “foreseeable. [read post]
2 Aug 2015, 12:05 pm
" E.g., Clark v. [read post]
16 Mar 2007, 7:45 am
" PRIOR to the Clarke work, Mark A. [read post]
8 Mar 2024, 5:00 am
Cummins is the managing partner of the Clarks Summit law firm of Cummins Law, a civil litigation practice. [read post]
15 Aug 2018, 9:59 am
Clark’s book, “The Law of Nations and the United States Constitution”—I describe the state of the field and argue that federal common law should govern many immunity-related issues. [read post]
15 Apr 2015, 6:42 am
Clark v. [read post]
28 Oct 2013, 12:52 am
Background The Clark School for Creative Learning is a non-profit educational institution located in Danvers, Massachusetts. [read post]
