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  Anything to the contrary herein notwithstanding, it is expressly provided that the terms of this paragraph shall be controlling over the provisions of Paragraph 3 of this lease to the contrary and this paragraph shall not be treated as surplusage despite the holding in the cases styled “Heritage Resources, Inc. v. [read post]
15 Aug 2011, 8:35 am by Roy Ginsburg
  The Act defines “sales representative agreement” broadly: it covers “a contract or agreement, either express or implied, whether oral or written, for a definite or indefinite period, between a sales representative and another person or persons, whereby a sales representative is granted the right to represent, sell, or offer for sale a [principal’s] goods by use of the latter’s trade name, trademark, service mark, logotype,… [read post]
22 Jan 2018, 12:07 pm by Buckingham
This includes pro-taxpayer findings of the Supreme Court and BTA respecting exemption for leased employees (Accel, Inc. and Karvo Paving), as well as exemption for a road contractor’s traffic maintenance property (Karvo Paving). [read post]
11 Dec 2013, 8:48 pm by Barry Barnett
Affirming, the Fourth Circuit held that a Federal Trade Commission ban on "pre-dispute" arbitration applied only to breach of warranty claims relating to the sale of goods, not to leases. [read post]
6 Jun 2008, 9:00 pm
It can be complicated, even for the pro, to compare the different lease types such as: Full Service, Gross, Semi-Gross, Net, Triple Net, etc. [read post]
3 Jun 2009, 11:22 am
Sep. 15, 2008); In re BearingPoint, Inc., Case No. 09-10691 (REG) (Bankr. [read post]
22 Jul 2018, 1:39 pm
Arduin, Pro-Growth Tax Reform and E-Fairness 1, 4 (July 2013). [read post]
The United States Court of Appeals for the Fourth Circuit has revived the antitrust action Novell filed against Microsoft involving Novell’s office software applications WordPerfect and Quattro Pro. [read post]
3 Sep 2020, 9:42 am by John McFarland
Plaintiffs’ leases provided for royalties on oil and gas to be based on gross proceeds of sale received by the lessee. [read post]
30 Nov 2013, 4:06 pm by Law Lady
Spencer, which requires trial court to provide notice and opportunity to respond before enjoining parties from filing further pro se pleadings or motions, applies to all pro se litigants, civil and criminal alike -- Error to prohibit further pro se filings in instant civil litigation without issuing show cause order and permitting reasonable time to respondBRAD M. [read post]
20 Dec 2022, 4:04 am
" In re Human Data Labs, Inc., Serial No. 88526515 (December 15, 2022) [not precedential] (Opinion by Judge Michael B. [read post]
26 Jul 2012, 6:31 pm by Dusty Elias Kirk
  The Development of the Law In and After Marple I In 1992, the Pennsylvania Supreme Court expanded its application of the “economic realities” test to the conventional commercial setting in In re Appeal of Marple Springfield Shopping Ctr., Inc., 607 A.2d 708 (1992) (“Marple I”). [read post]
26 Jul 2012, 6:31 pm by Dusty Elias Kirk
  The Development of the Law In and After Marple I In 1992, the Pennsylvania Supreme Court expanded its application of the “economic realities” test to the conventional commercial setting in In re Appeal of Marple Springfield Shopping Ctr., Inc., 607 A.2d 708 (1992) (“Marple I”). [read post]
9 Mar 2015, 8:53 am
Pinnacle operated a commercial bakery in a building it leased in Columbus, Ohio. [read post]