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21 May 2017, 9:01 pm
Namely, that “While an easement or right-of-way gives a landowner the right to enter and use the land of another, [and some change in use is permitted due to normal growth and development] the owner of a dominant estate may not increase the burden nor materially enlarge his right over the servient estate. [read post]
19 May 2017, 12:23 pm
Appellees counter, citing Richardson v. [read post]
19 May 2017, 12:23 pm
., Appellees. [read post]
16 May 2017, 7:30 am
One can argue that this is merely discrimination by another name. [read post]
15 May 2017, 10:18 am
Copyright 2016 by the named Popehat author. [read post]
11 May 2017, 11:45 am
By the time the case went to trial, all the defendants except Appellees Dr. [read post]
5 May 2017, 9:12 am
Guest post by Saurabh Vishnubhakat, Associate Professor at the Texas A&M University School of Law and the Texas A&M College of Engineering. [read post]
2 May 2017, 6:12 am
To the extent the attorney has drafted testamentary documents, which have been fully executed by the testator, such documents are conclusive evidence the testator intended to benefit the named beneficiaries, and we hold individuals who are named only in unexecuted, consequently invalid documents — such as appellees with respect to the 2010 Trust Amendment — may not claim status as third-party beneficiaries of the legal contract between the testator and his… [read post]
2 May 2017, 1:12 am
To the extent the attorney has drafted testamentary documents, which have been fully executed by the testator, such documents are conclusive evidence the testator intended to benefit the named beneficiaries, and we hold individuals who are named only in unexecuted, consequently invalid documents — such as appellees with respect to the 2010 Trust Amendment — may not claim status as third-party beneficiaries of the legal contract between the testator and his… [read post]
26 Apr 2017, 5:10 am
Appellant, William Lawrence, was named executor of Gorman’s estate on July 1, 2013. [read post]
24 Apr 2017, 4:43 am
., Dayton, for Appellee, The Living Room Johnson’s Argument The scope of Ohio’s Dram Shop Act extends only to cases involving intoxicated patrons, not intoxicated workers. [read post]
18 Apr 2017, 9:29 am
Brant, Assistant Prosecuting Attorney, Warren County Prosecutor’s Office for Appellee State of Ohio Peter T. [read post]
12 Apr 2017, 5:00 am
The court found that the Complaint failed to plausibly allege that the named fiduciaries (“Defendants”) of the JPMorgan 401(k) Savings Plan (the "Plan") breached the duty of prudence owed to Plan participants under the Employee Retirement Income Security Act ("ERISA"). [read post]
3 Apr 2017, 5:48 pm
United States, today Judge Kozinski makes clear that "failing to name an appellee in an NOA is not a bar to an appeal. [read post]
27 Mar 2017, 1:30 pm
Santos observed a male named Mr. [read post]
13 Mar 2017, 7:58 am
There are many situations where an individual stopped for speeding might be placed in a cruiser and asked his or her name. [read post]
9 Mar 2017, 9:21 am
Francisco seeks to be appointed as a joint managing conservator and be named as the parent to determine F.B.L’S residency. [read post]
9 Mar 2017, 8:38 am
Rivera, Assistant County Prosecutor, Mahoning County, for Appellee State of Ohio Hannah C. [read post]
6 Mar 2017, 7:11 am
Pierce, Assistant Public Defender, Franklin County, for Appellee Joshua Pierce State’s Argument The prosecutor shared his time with amicus, the Attorney General’s Office. [read post]
2 Mar 2017, 8:45 pm
Did the district court commit plain error by failing to even analyze defendant-appellant’s prima facie claim of right to utilize the main trademark claimed by appellees, and the central component of their other trademarks, as a fair use under 15 U.S.C.A. [read post]
