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14 Aug 2007, 7:07 pm
In this sense, Stone looks like a compromise between those scholars and jurists who wanted to elevate good faith to being part of a triad of fiduciary duties and those who did not, with the former losing as a matter of form, and the latter losing as a matter of substance.As to the duty of oversight, Stone confirmed former Chancellor William Allen's dicta in Caremark Int'l Inc. [read post]
26 Jan 2023, 3:10 am by David Pocklington
The Church’s doctrine of Holy Matrimony as being between one man and one woman is set out in Canon B 30. [read post]
30 Mar 2009, 8:56 pm
  And under Mattco Forge and other cases, the good faith determination is a matter left to the trial court's discretion. [read post]
21 Oct 2016, 4:30 am by Patrick McGinnis
After a bench trial, the court found as a matter of fact that Allstate had breached its contract and had committed bad faith. [read post]
25 Jun 2012, 3:34 pm by staff
Justice Willett’s concurring opinion writes: “The continued existence of bad-faith claims will subvert the Legislature’s meticulous soup-to-nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually every aspect of how a carrier handles a worker’s compensation matter,” Of course, any ruling that upends over 23 years of settled law is likely to draw a dissenting… [read post]
16 Sep 2013, 3:34 am by Peter Mahler
Kavanaugh Knitting Co., 226 NY 185 (1919), where the court reinstated a complaint alleging that corporate directors sought in bad faith to dissolve the corporation for the purpose of depreciating the value of the corporate property and the plaintiff’s proportionate interest therein, and Matter of Myers, 77 AD2d 652 (2d Dept 1980), where the court vacated the lower court’s dissolution order in a § 1104 case, stating that the “[a]llegations of… [read post]
4 Mar 2021, 7:24 am by Gregg Settembrino and Elizabeth Cowit
In each of the three matters, the Department had investigated Cream-O-Land’s operations and determined that the company was a “trucking industry employer” and thus exempt from the overtime requirement at issue. [read post]
4 Mar 2021, 7:24 am by Gregg Settembrino and Elizabeth Cowit
In each of the three matters, the Department had investigated Cream-O-Land’s operations and determined that the company was a “trucking industry employer” and thus exempt from the overtime requirement at issue. [read post]
4 Mar 2021, 7:24 am by Gregg Settembrino and Elizabeth Cowit
In each of the three matters, the Department had investigated Cream-O-Land’s operations and determined that the company was a “trucking industry employer” and thus exempt from the overtime requirement at issue. [read post]
22 Feb 2019, 7:25 am by Nathan Meyer
In Centeno, no contractual relationship existed between the Insured and either the TPA or the Adjuster, so the bad faith claims against both failed as a matter of law. [read post]
13 Aug 2013, 8:00 am by Daniel E. Cummins
  The carrier argued that, in terms of its prejudice argument, discovery in the bad faith claim may involve matters related to claims valuation, strategy, and analysis, none of which matters were germane or relevant to the underlying claim for UIM benefits. [read post]
13 Aug 2013, 8:00 am by Daniel E. Cummins
  The carrier argued that, in terms of its prejudice argument, discovery in the bad faith claim may involve matters related to claims valuation, strategy, and analysis, none of which matters were germane or relevant to the underlying claim for UIM benefits. [read post]
10 Jan 2017, 8:19 am by Daniel E. Cummins
Jones denied a UIM carrier's Motion to Sever and Stay a Bad Faith claim in the case of Kerchoff v. [read post]
30 Apr 2013, 3:00 am by Adrian Miedema
The employee’s work refusal complaint to the Ontario Ministry of Labour had been made in bad faith, according to the arbitrator. [read post]
31 Mar 2015, 12:54 pm by Steve Bainbridge
“Modern contract law has generally recognized an implied covenant to the effect that each party to a contract will act with good faith towards the other with respect to the subject matter of the... [[ This is a content summary only. [read post]
21 Jun 2020, 8:28 am by Academic Support
This is my leap of faith to be transparent with the hope that I am the voice of someone’s situation. [read post]
16 Sep 2014, 4:34 am by Charles Sartain
  Therefore, the trial court erred in concluding as a matter of law that Creighton was not a good faith purchaser. [read post]
24 Jun 2011, 6:30 am by Daniel E. Cummins
Primarily, Erie asserted a demurrer to the Plaintiff’s bad faith and punitive damages claims. [read post]