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7 Oct 2013, 6:26 pm by Law Lady
GLENN MULLER, Appellee. 5th District.Signing with the express authority to sign is important in nursing home arbitration agreements:Torts -- Nursing homes -- Arbitration -- Validity of arbitration agreement -- Where husband of nursing home resident signed arbitration agreement without indicating his authority to sign agreement on behalf of resident, it was error for trial court to deny defendants' motion to compel arbitration without holding evidentiary hearing to determine the validity of… [read post]
15 Sep 2022, 3:00 am by Jon L. Gelman
Alliance HC Holding LLC, ,16 F 4.th 393 (3d Cir. 2021), held the opposite. [read post]
6 Dec 2010, 6:02 am
In AFFIRMING the denial of summary judgment to the insurer, the Second Department held first that because the parties had sufficiently expressed their intent that the discontinuance of the previous federal court action was not on the merits, that it was without prejudice and, consequently, the commencement of a new action within six months pursuant to CPLR 205(a) was permitted. [read post]
26 May 2011, 6:00 am by Victoria VanBuren
This is not to say that concerns such as the ones expressed by Justice Scalia have never been raised. [read post]
8 Feb 2018, 4:22 am by Andrew Lavoott Bluestone
Pac., LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 38 AD3d 34 (2d Dept 2006). [read post]
5 Jan 2009, 3:24 pm by Nissenbaum Law Group
It continued that there can be no “automatic contract renewal when an agreement imposes an express obligation on the parties to enter into a new contract to extend the term of employment. [read post]
9 Aug 2013, 5:56 am by Beth Graham
Finally, we consider the potential implications of the Court’s subsequent decision in American Express Cos. v. [read post]
9 Jan 2014, 7:19 am
The statutes do not apply to an action by a homeowner to enforce a contract or express contractual provision, or any action for fraud, personal injury, or violation of a statute. [read post]
15 Apr 2011, 3:01 am by gmlevine
The term “fair use” refers to Constitutional and statutory privileges of non-actionable expression. [read post]