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22 May 2019, 6:52 pm by MOTP
"[1] The jury found that the parties agreed the Nurses would receive a fixed amount of pay and that the Hospital breached the agreement. [read post]
22 May 2019, 5:30 am by Kevin Kaufman
However, this does not mean that the average worker is not also burdened by these taxes. [read post]
22 May 2019, 3:56 am by Kevin LaCroix
., states that a security is an investment contract in which a person 1) invests their money; 2) in a common enterprise; 3) with an expectation of profits; 4) based on the efforts of the promoter or a third party. [read post]
21 May 2019, 12:34 pm by Caroline Lee
  Rather, the Sixth Circuit’s decision binds only federal courts in Kentucky, Michigan, Ohio, and Tennessee.13 Accordingly, California public agencies remain free to argue that that the decision was wrongly decided because (1) chalking does not constitute a “search” and (2) chalking is reasonable as a matter of law even if it constitutes a search. 1. [read post]
”16 The legislation does not define “software as a service” or “computer software applications. [read post]
20 May 2019, 11:00 pm by Roel van Woudenberg
Oral proceedings before the Board were held on 28 March 2019 in the absence of the other parties as of right, i.e. opponents 1 and 2, as announced in their respective letters dated 29 January 2019 and 4 March 2019. [...]IX. [read post]
20 May 2019, 6:53 pm by Badrinath Srinivasan
These grounds as explained in p. 26 to 29 of Associate Builders would apply.An award which shocks the conscience of the court is likely to be set aside under this ground. [read post]
20 May 2019, 9:11 am by MOTP
Merely stating the seemingly obvious--that the unit of analysis is “the case”--does not solve all problems. [read post]
19 May 2019, 4:08 pm by Omar Ha-Redeye
” While that respect is appreciated, it does not carry the same legal weight as legislative protection. [read post]
16 May 2019, 10:21 am by MOTP
” It rejected the argument that the UCC preempts Elizondo’s affirmative defense of the right to an offset based on Cadence’s breach of the subsequent wire transfer agreement.Since January 1, 2019, the composition of the previously all-Republican First Court of Appeals is mixed, but in this case two long-time Republican incumbents faced off against each other. [read post]
14 May 2019, 1:34 pm by Arthur F. Coon
CEQA Developments Blog Milestone Last month, about 7-1/2 years since its inception, Miller Starr Regalia’s CEQA Developments blog posted its 300th post. [read post]
12 May 2019, 4:00 am by Administrator
The mere fact that an individual has been deported, even if he has been deported to a country with which Canada does not have an extradition treaty, does not render a case moot. [read post]
11 May 2019, 11:47 am by MOTP
Genuine Issue of Material FactThe four elements of a breach of contract claim are: (1) the existence of a valid contract; (2) performance, or tendered performance, by the plaintiff; (3) breach of the contract by the defendant; and (4) damages to the plaintiff resulting from that breach. [read post]