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20 Aug 2020, 11:41 am
Lien waivers are common, and most every construction contract has some requirement that the contractor collect lien waivers from most (if not all) of their subcontractors, equipment lessors, material suppliers and other potential lien claimants with each pay application and in conjunction with final payment. [read post]
15 Dec 2023, 5:04 pm
First, once the claim is resolved, it is generally binding on the parties, so by making the process unpleasant on the claimant, it will not be deterring any other actions. [read post]
5 Feb 2009, 3:04 am
In all other situations, the international law governing acts of terrorism is sufficiently precise, robust, and uncontroversial to support the recognition by the federal courts of a cause of action for terrorism under the ATS, assuming the other jurisdictional requirements are satisfied. [read post]
25 Mar 2014, 5:40 am
Eagle Steward Wealth Management LLC, resulted in an award of $530,449 in damages to the claimant. [read post]
9 Aug 2016, 9:30 pm
All classes must meet a series of rigorous requirements before the case can move forward. [read post]
15 Mar 2018, 11:22 am
Proponents insist it would end so-called “double-dipping” practices, wherein a person make numerous successful claims against several asbestos bankruptcy trusts by requiring all claimants to reveal all of the other trusts from which they have claimed or collected compensation. [read post]
15 Mar 2018, 11:22 am
Proponents insist it would end so-called “double-dipping” practices, wherein a person make numerous successful claims against several asbestos bankruptcy trusts by requiring all claimants to reveal all of the other trusts from which they have claimed or collected compensation. [read post]
4 Nov 2006, 11:29 am
This also means they are liable for all losses and not the insurance company. [read post]
16 May 2012, 9:53 pm
That it was not possible for the claimant to identify the person who posted the statement 2. [read post]
25 Jun 2017, 9:36 am
Read in this way, all such directions and bans are capable of being made for “pension purposes. [read post]
19 May 2011, 5:16 pm
However all other assertions of fact which are related to opinion enjoy Art 5 protection even if they later turn out to be untrue. [read post]
7 Mar 2024, 6:08 am
And there are other pressures toward abstraction that apply in other cases, such as state standing after Massachusetts v. [read post]
7 Feb 2007, 9:48 pm
This example is at cross-purposes with what the draft elsewhere calls the "ideal form" of aggregation: "that the determination of a common issue as to one claimant should resolve the same issue as to all other claimants. [read post]
31 Dec 2016, 8:29 am
The judge summarised the situation as follows:This means that the defendant is seeking to allege that the claimant has acted in bad faith in effect by applying for too broad a specification, but has not successfully identified any narrower specification which the claimant should have applied for instead, the only suggestion being one which seems to be manifestly unsustainable.What does this mean? [read post]
25 Nov 2013, 2:34 am
For the purposes of the law of passing off, it was necessary for the goodwill or reputation to attach to the goods or services supplied by the claimant in the minds of the purchasing public as a result of the brand name under which the goods were offered to the public, so that the brand name was recognised by the public as distinctive specifically of the claimant’s goods and none other. [read post]
UK court discusses copyright protection of fictional characters and defences for parody and pastiche
9 Jun 2022, 1:41 am
After all, as I also discuss here in greater detail, it has been clear as early as Infopaq (Kat-anniversary post here) that “copyright […] is liable to apply only in relation to a subject-matter which is original in the sense that it is its author’s own intellectual creation”. [read post]
14 May 2021, 6:53 am
The object is to compensate the claimant, not punish the defendant. [read post]
28 Jan 2014, 7:59 am
In short, Chobani lost on all their grounds. [read post]
14 Aug 2013, 7:45 am
When I saw this decision I immediately went through my cases where I am representing truck drivers, and all of their policies were issued and delivered is other states. [read post]
8 Mar 2017, 5:17 am
Where a defendant seeks to establish that a claimant has acted in bad faith by applying for an unduly broad specification but is unable to establish a narrower specification which the claimant should have registered, the accusation will be ''manifestly unsustainable''. [read post]
