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8 Aug 2018, 1:26 pm
Twin Hearts Smiling Horses, Inc., 2016 MT 347, ¶ 36, 386 Mont. 98, 386 P.3d 937 (unjust enrichment inapplicable where matter at issue governed by an enforceable contract); Pruyn, ¶ 63 (unjust enrichment “is an obligation created by law in the absence of an agreement between the parties”). [read post]
7 Aug 2018, 1:06 pm
While a truly novel idea or knowledge is presumed to be of value to a recipient who paid or pledged valuable consideration to acquire it, an idea or knowledge need not be truly original or novel to be of value to a recipient as a matter of contract consideration. [read post]
7 Aug 2018, 10:46 am by Angelo A. Paparelli
In California (and for that matter, throughout the United States), FDNS officers always appear unannounced at businesses and demand that employers provide them with access to nonpublic worksite areas and access to specific employees, while proffering nothing more “official” than the enforcement agent’s business card. [read post]
7 Aug 2018, 10:46 am by Angelo A. Paparelli
In California (and for that matter, throughout the United States), FDNS officers always appear unannounced at businesses and demand that employers provide them with access to nonpublic worksite areas and access to specific employees, while proffering nothing more “official” than the enforcement agent’s business card. [read post]
7 Aug 2018, 3:00 am by John Jenkins
Here’s an excerpt on the process of deciding whether a particular matter is a CAM: The determination of whether a matter is a CAM is principles based, and the new standard does not specify that any matter(s) would always be a CAM. [read post]
6 Aug 2018, 12:12 pm by Richard Hunt
July 31, 2018) is the other recent circuit court decision on ADA matters. [read post]
6 Aug 2018, 7:23 am by Docket Navigator
[P]laintiff provides no authority for this novel proposition that this set of circumstances demands disqualification of the adversary’s attorney. [read post]
4 Aug 2018, 8:10 am
It is beyond genuine material dispute on the Rule 56 record that the 2008 licensing agreement and its subject matter were within the scope of the ordinary course of AMS’s business.AMS’s corporate counsel drafted the licensing agreement for Diane Ruff’s signature in the name of the corporation. [read post]
3 Aug 2018, 4:00 am by Public Employment Law Press
The arbitrator further determined, however, that a permanent demotion was unreasonable and arbitrary, and converted the proposed penalty to a demotion for a term of one year.The CWA asked Supreme Court to confirm the arbitration award while the Town asked the court to vacate the award in part on the ground that the award exceeded the scope of the arbitrator's authority.Supreme Court sustained Greece’s motion to vacate the award and remanded the matter to the… [read post]