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19 Nov 2015, 1:53 pm by Kirk Jenkins
In early November, a sharply divided Illinois Supreme Court cleared the way for claims against the developer and contractor involved in a now 19-year-old condominium development, narrowly affirming the Appellate Court decision in Henderson Square Condominium Association v. [read post]
19 Nov 2015, 1:18 pm
 Here's what the Court of Appeal says about it:"In Property Reserve v. [read post]
19 Nov 2015, 6:52 am by Joy Waltemath
Specifically, on appeal, the Second Circuit had stated that there was no question the issue of whether the RESOLVE agreement permitted class arbitration was squarely presented to the arbitrator. [read post]
Last week’s highly anticipated and seminal Supreme Court judgment in the joined cases of Cavendish Square Holding BV v Makdessi and ParkingEye v Beavis [2015] UKSC 67 marked the first time in a century that the highest court of England and Wales has considered the penalties doctrine. [read post]
4 Nov 2015, 3:58 pm by Matthew Sanders
Thesing and published by the American Bar Association’s Section of Environment, Energy and Resources, Sanders and Thesing discuss the Ninth Circuit’s recent decision in Building Industry Association of the Bay Area v. [read post]
4 Nov 2015, 3:58 pm by Matthew Sanders
Thesing and published by the American Bar Association’s Section of Environment, Energy and Resources, Sanders and Thesing discuss the Ninth Circuit’s recent decision in Building Industry Association of the Bay Area v. [read post]
4 Nov 2015, 10:42 am
Thesing and published by the American Bar Association's Section of Environment, Energy and Resources, Sanders and Thesing discuss the Ninth Circuit's recent decision in Building Industry Association of the Bay Area v. [read post]
4 Nov 2015, 10:42 am
Thesing and published by the American Bar Association's Section of Environment, Energy and Resources, Sanders and Thesing discuss the Ninth Circuit's recent decision in Building Industry Association of the Bay Area v. [read post]
4 Nov 2015, 3:13 am by Matrix Legal Information Team
Lord Neuberger and Lord Sumption giving the joint lead judgments stated that the fundamental principle is that the penalty rule regulates only the contractual remedy available for the breach of primary contractual obligations, and not the fairness of those primary obligations themselves. [read post]
3 Nov 2015, 1:31 pm
  Stated another way, since state law did not “squarely preclude” the claim, the hospital was not fraudulent joined. [read post]