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16 Mar 2014, 4:34 pm by Jack Pringle
”The circuit court vacated the arbitration award, applying the standard in the South Carolina Code of Ethics for Arbitrators requiring disclosure of any relationship that “might reasonably create an appearance of partiality or bias,” and concluding that the “arbitrator’s conduct demonstrated evident partiality in favor of” the Contractor.AnalysisThe South Carolina Supreme Court certified the case per Rule 204(b), SCACR, and proceeded to consider the legal… [read post]
16 Mar 2014, 4:34 pm by Jack Pringle
”The circuit court vacated the arbitration award, applying the standard in the South Carolina Code of Ethics for Arbitrators requiring disclosure of any relationship that “might reasonably create an appearance of partiality or bias,” and concluding that the “arbitrator’s conduct demonstrated evident partiality in favor of” the Contractor.AnalysisThe South Carolina Supreme Court certified the case per Rule 204(b), SCACR, and proceeded to consider the legal… [read post]
13 Mar 2014, 11:48 am by Rebecca Tushnet
Oyama: Notice and takedown is the best for that, b/c copyright owners know what they own and they know where they’ve authorized it. [read post]
11 Mar 2014, 5:22 am by Juan C. Antúnez
In The Unraveling of Donor Intent: Lawsuits and Lessons, by Kathryn Miree and Winton Smith, the authors provide this model form of gift agreement and, just as importantly, solid policy recommendations for charities seeking to better manage donor expectations and long-term gifts: Five Lessons for Charities Charities also have much to learn about the management of long-term gifts. [read post]
6 Mar 2014, 10:03 am by John Stigi
The Court’s decision in Chadbourne would appear to limit SLUSA to cases where plaintiffs allegedly purchased, sold or held (see Merrill Lynch, Pierce, Fenner & Smith, Inc. v. [read post]
1 Mar 2014, 1:50 pm
As noted in Reed, the Department of Health rules and regulations themselves recognize the difference between preliminary screening test and chemical test in accordance with 10 N.Y.C.R.R. 59.4 (b) (4) (xxiii)). [read post]
27 Feb 2014, 11:23 am
P. 12(b)(6) finding that realtor “did not allege a false statement or a fraudulent course of conduct as required for an FCA claim. [read post]
27 Feb 2014, 4:00 am by The Public Employment Law Press
The Court of Claims “assumed without deciding” that Petitioner’s proposed amended claim satisfied the threshold jurisdictional requirements of being timely filing and served within the relevant statute of limitations and that it satisfies the substantive pleading requirements of Court of Claims Act §11(b). [read post]
25 Feb 2014, 6:16 pm
CPLR 306-b authorizes this Court to grant an extension of time to serve the summons and complaint in the interest of justice. [read post]
25 Feb 2014, 8:16 am by Mailee Smith
Smith, Staff Counsel at Americans United for Life (Counsel of Record for Drury Development Corporation et al. in Sebelius v. [read post]