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18 Mar 2013, 2:11 am by Peter Mahler
One tailored to the particular case must be found, and that can be done only after a discriminating consideration of all information bearing upon an enlightened prediction of the future’ ” (Amodio v Amodio, 70 NY2d 5, 7, quoting Snyder’s Estate v United States, 285 F2d 857, 861). [read post]
14 Jan 2007, 6:54 pm by The Owens Law Firm, P.L.L.C.
” CCA overturned Bauder and stated the proper rule under the Texas Constitution is the rule articulated by the United States Supreme Court in Oregon v. [read post]
25 Sep 2013, 6:00 am by Daniel E. Cummins
The article goes on to review the 1993 decision in Hall v. [read post]
25 Sep 2013, 6:00 am by Daniel E. Cummins
The article goes on to review the 1993 decision in Hall v. [read post]
26 Aug 2013, 6:56 am by Joy Waltemath
Moreover, unlike the lone First Circuit decision, DiFiore v American Airlines, Inc, which involved an effort to use an employee compensation statute to directly attack an airline’s prices and services, neither the deduction nor the reimbursement statute had a direct connection to FedEx’s prices, routes, or services. [read post]
29 Nov 2023, 4:02 am by Andrew Lavoott Bluestone
“Generally, a valid release constitutes a complete bar to an action on a claim that is the subject of the release” (Nucci v Nucci, 118 AD3d 762, 763; see Burnside 711, LLC v Amerada Hess Corp., 175 AD3d 557, 559). [read post]
15 Jul 2021, 2:54 pm by Kevin LaCroix
In its June 21, 2021 decision in Goldman Sachs Group, Inc. v. [read post]
6 May 2011, 4:00 am by Ted Folkman
Pribetic for bringing to light the case of the day, Third Point LLC v. [read post]
13 Sep 2010, 9:02 pm
”The text of the September 3, 2010, decision in Flying J, Inc. v. [read post]
19 Jan 2011, 10:46 am by Adam Baker
Naylor Group Inc. v Ellis-Don Construction Ltd., [1996] OJ No 3247, 31 CLR (2d) 195 (ON Gen Div), revd [1999] 119 OAC 182 (ONCA), vard 2001 SCC 58, [2001] 2 SCR 943, online: LexUM http://scc.lexum.org/en/2001/2001scc58/2001scc58.html This is not a tender dispute between an owner and a bidder, but between a general contractor and a subcontractor whose prices were used to secure a low bid. [read post]