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15 Oct 2017, 9:01 pm by Neil Cahn
In its September 27, 2017 decision, the Second Department noted, that “A stipulation of settlement which is incorporated but not merged into a judgment of divorce retains the character of an independent contract and survives as a basis for suit. [read post]
15 Oct 2017, 9:01 pm by Neil Cahn
In its September 27, 2017 decision, the Second Department noted, that “A stipulation of settlement which is incorporated but not merged into a judgment of divorce retains the character of an independent contract and survives as a basis for suit. [read post]
29 Jul 2017, 5:32 pm by Wolfgang Demino
CAVEAT FOR READERS IN TEXAS: This action by targets of National Collegiate Student Loan collection suits was filed in a different state and in a different circuit, and involves state law claim in addition to federal FDCPA claims, and unfair collection claims under the FDCPA heavily implicated state law which varies among states. [read post]
20 Nov 2023, 6:40 am by NBlack
Then on March 14, 2023, with the release of ChatGPT powered by GPT-4, the influx of rapid advancements began at a record pace as software companies worked at lightning-fast speed to integrate the power of GPT-4 technology into their products. [read post]
14 Jan 2019, 2:03 pm by John Stigi
The Court held that “[u]nder existing Delaware authority, a Delaware corporation does not have the power to adopt in its charter or bylaws a forum-selection provision that governs external claims. [read post]
8 Feb 2011, 2:05 am by Keith Paul Bishop
For a jurisdiction which attaches great significance to observing the line between the internal and external affairs of the corporation, it seems incongruous for Delaware to attempt, as Section 145(c) has historically done, to impose a corporate law rule to determine rights between the corporation and agents or employees which would otherwise be defined by the agency, contract or labor law of the jurisdiction in which the agency or employment relationship is created, as opposed to the state… [read post]
28 Aug 2019, 8:52 am by Rebecca Tushnet
Breach of contract:  WEC argued that Breus “utilize[d] the confidential materials received from [WEC], which included the confidential proposed trademarks and branding of WHEN selected by Mr. [read post]
17 Sep 2010, 1:50 pm by Kenneth J. Vanko
In a dispute between a high-end beauty salon and a hair stylist, the latter agreed to incorporate his non-solicitation covenant into a court order. [read post]
24 Jun 2020, 6:42 am by Beth Graham
 17-1272 (January 8, 2019) stating a court may not decide the issue of arbitrability if the parties have contracted otherwise or incorporated arbitral rules that delegate the issue of arbitrability to an arbitrator even in situations where the arbitration claim is deemed to be “wholly groundless. [read post]
30 May 2024, 10:14 am by Eric Goldman
Mercola made a last-ditch unconscionability argument, which the panel rejects because (among other problems) “Mercola, an incorporated entity, contracted with YouTube for a non-essential service, the language in the contract is not overly technical, and it appears that for the most part Mercola received the benefit of its bargain. [read post]
26 Jul 2013, 5:11 pm by Adam Levitin
To be sure, one could also argue that 943(b)(4) proves too much if taken literally as it would incorporate the Contracts Clause and thus prevent any contractual impairment in Chapter 9, but I think that the Bankruptcy Clause would have to override the Contracts Clause if Chapter 9 is constitutional in general. [read post]
30 Apr 2013, 5:07 am by John Tarley
When you live in a community governed by a HOA, regardless of whether you know it, you have entered into a contract to abide by the Association’s Governing Documents: its Declaration (Master Deed), Bylaws and for incorporated Associations, the Articles of Incorporation. [read post]
30 Oct 2014, 10:29 am by John Tarley
When you live in a community governed by a HOA, regardless of whether you know it, you have entered into a contract to abide by the Association’s Governing Documents: its Declaration (Master Deed), Bylaws and for incorporated Associations, the Articles of Incorporation. [read post]
3 Dec 2009, 9:39 am by Dennis Crouch
Tex. dismissed the lawsuit - holding that his court lacked subject matter jurisdiction over what had become a contract dispute. [read post]
31 Mar 2017, 8:48 am by Ezra Rosser
For instance, many state consumer protection laws do not apply to insurance, while traditional breach of contract claims only provide for recourse when a health insurance policy expressly incorporates ACA provisions. [read post]
14 May 2010, 8:24 am by Attorney Michael A. Pollack
Therefore, the Court’s decision in this case effectively allows monopolists to insulate themselves from antitrust lawsuits by incorporating arbitration clauses in their contracts. [read post]
27 Feb 2024, 12:15 am
The new wave of stockholder agreements does not involve stockholders contracting among themselves to address how they will exercise their stockholder-level rights. [read post]