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27 May 2022, 11:52 am
” In that light, contract or procedural rules are not to be modified for arbitrations. [read post]
20 Jun 2016, 10:11 am
By Allen Carter In its continuing fight against rising healthcare costs, the Justice Department (DOJ) has sued Charlotte, North Carolina’s largest healthcare system for using a common healthcare contracting tool, the anti-steering clause. [read post]
12 Jun 2024, 1:10 pm
After ruling the FASA bar did not apply, the Court summarily rejected the government’s argument that Percipient’s claim should be dismissed because it was a matter of post-award contract administration and therefore not “in connection with a procurement or a proposed procurement”—a separate prerequisite for exercise of the CFC’s Tucker Act jurisdiction under 28 U.S.C. [read post]
22 Jun 2016, 6:09 am
Furman dismissed the plaintiff's copyright claim because of a choice of law provision in the parties' contract calling for the application of English law. [read post]
18 Nov 2013, 8:40 am
Category: Recent Decisions;Contract Law Opinions;Landlord/Tenant Opinions;Property Law Opinions Body: AC35022 - Keeper’s Inc. v. [read post]
22 Jul 2015, 4:00 am
It affirmed only the trial court's dismissal of Shannon's intentional infliction of emotional distress claim. [read post]
15 Sep 2014, 8:56 am
Category: Recent Decisions;Contract Law Opinions Body: AC35510 - Dinardo Seaside Tower, Ltd. v. [read post]
27 Mar 2016, 6:02 am
He noted that while no contract language supported the Union's position, the doctrine of mutual mistake applied and warranted reformation of the contract. [read post]
1 Oct 2014, 5:00 pm
So even had the email been part of the contract, the seller’s failure to sell would not have been excused by the seller’s failure to provide the pictures. [read post]
13 Jul 2022, 3:30 am
James Grimmelmann Gregory Klass’s How to Interpret a Vending Machine: Smart Contracts and Contract Law is an extraordinarily incisive legal analysis of smart contracts. [read post]
26 Mar 2024, 9:03 am
[This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.] [read post]
29 Jul 2009, 9:15 am
Estate of Tyler, the Indiana Court of Appeals affirmed the trial court’s determination that deceased Ernest Tyler was incompetent to enter contracts and thus, the trust he formed in 2002 to hold his real estate with his neighbor to serve as trustee, and the subsequent conditional sales contract he executed in February 2005 to convey to the same neighbor, in exchange for $200 per month, Tyler’s $1.5 million farmland, were void. [read post]
22 Dec 2015, 5:30 am
Sanchez’s death could have been prevented by J&M Metro General Contracting,” said Kay Gee, OSHA’s area director for Brooklyn, Manhattan and Queens. [read post]
31 May 2017, 5:58 am
When the contracting officer did finally inform the offeror that its proposal was rejected, it explained that the emails were sent, but not received by the agency’s system because they exceeded the size limit for the agency’s email system. [read post]
24 Oct 2016, 10:07 am
Universal Communications Network, Inc., Justice Oing granted Time Warner Cable’s (“TWC”) motion to dismiss the defendant’s affirmative defenses under federal antitrust laws. [read post]
22 Mar 2022, 11:49 am
Key Take-Aways The table below offers a side-by-side comparison of some of the key enhancements to debriefing rights offered by the DOD’s new rule. [read post]
16 Apr 2013, 1:34 pm
The Court next rejected the Department of Labor’s argument that the common-fund rule has a special capacity to trump a conflicting contract. [read post]
5 Jul 2023, 7:26 am
Their employment contracts contain a choice of Luxembourg law. [read post]
14 Jan 2016, 11:50 am
This was a social contract that was largely drafted and implemented by Democrats, but even Republican administrations respected it. [read post]
23 Aug 2012, 8:43 am
As such, this court reverses the finding of jurisdiction and vacates the district court’s decision on the merits of Gem-star’s contract claims. [read post]
