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11 Jun 2023, 4:21 pm by Mavrick Law Firm
Sun Publications of Florida, Inc., 5 So.3d 780 (Fla. 2d DCA 2009), explained that “[t]he yardstick test is generally used when a business has not been established long enough to compile an earnings record that would sufficiently demonstrate lost profits. [read post]
26 Oct 2020, 11:18 am by Andy Foreman
[xxxi] When parties to contracts operate consistently with their contracts’ express terms, we don’t usually call it “theft”; we call it “performance. [read post]
Direct (also known as general) damages are those damages that would have been foreseeable to a stranger to the transaction, without any knowledge of the transaction except the contract itself. [read post]
12 Mar 2012, 9:54 am
(CA) Mar. 7, 2012), the Ninth Circuit Court of Appeals considered whether the Supreme Court's decision in AT&T Mobility, Inc. v. [read post]
29 Jul 2020, 5:47 pm by Mavrick Law Firm
  A party to a contract generally cannot subvert the very purpose of a contract through an improper exercise of its discretion. [read post]
28 Mar 2021, 6:58 am
OSHRC, 166 F.3d 815, 818 (6th Cir.1998) (citing the OSHRC’s 1979 Haugan case for proposition that “[t]here is a presumption that a general contractor has sufficient control over its subcontractors to require them to comply with safety standards”) – but StormForce announced that this presumption would no longer be used: “We thus overrule Haugan to the extent that its formulation of a ‘rebuttable presumption’ is inconsistent with… [read post]