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15 May 2012, 8:31 am by PaulKostro
In determining whether a material fact is in dispute, a court should rely on the supporting documents and affidavits of the parties, disregarding conclusory allegations, and considering only statements to which a party could testify. [read post]
15 Nov 2007, 7:39 am
As a frequent commentator on arbitration and one who regularly represents parties in arbitration, I have no doubt that expanding the power of the parties in such a manner can only improve arbitration, at least of commercial cases involving parties of roughly equal bargaining power. [read post]
6 Dec 2011, 3:46 am by Peter Vodola
In denying the request for approval, the court also noted that it could not tell whether all interested parties had received notice, as required by the New York SSPA: The Court also notes that it has not been provided with a complete copy of the annuity contract for the purpose of determining whether all 'interested parties' have been notified of the within petition. [read post]
7 Jul 2022, 10:00 am by Bill Stalter
  But because Missouri preneed law authorizes third party preneed sellers, those types of entities have excluded the provider funeral home from being a party to the trust. [read post]
8 Sep 2015, 4:50 pm by Megan Geuss
In an interview with Wired which was posted earlier today, McAfee said that he was “still in a quandary about whether to run myself or find someone else for my party. [read post]
10 Aug 2007, 6:42 am
August 8, 2007): Courts must independently consider whether a third party has the authority to consent to a search of a residence and whether the third party has authority to consent to particular containers within that residence. [read post]
3 May 2013, 4:48 pm by Gregory J. Brodzik
Robinson addressed a non-party’s motion to quash plaintiff’s subpoena and plaintiff’s cross-motion to compel. [read post]
There are two ways in which an employer can be held liable for an employee’s or third-party’s actions in these cases. [read post]
24 Jun 2007, 8:31 pm
A disturbing and recurring theme in WTO Panel proceedings is the accusation that panelists are "making the case" for one of the parties. [read post]
22 Jul 2010, 6:19 am by admin
On June 29, 2010, the Supreme Court granted certiorari to decide whether the anti-retaliation provision of Title VII forbids an employer from “inflicting reprisals on a third party, such as a spouse, family member, or fiancé, closely associated with the employee” who engages in protected conduct, and “if so, may that prohibition be enforced in a civil action brought by the third party victim? [read post]
28 Jul 2011, 3:00 am by LindaMBeale
These Tea Party radicals are like all other fundamentalists. [read post]
28 Jul 2011, 3:00 am by LindaMBeale
These Tea Party radicals are like all other fundamentalists. [read post]
15 Oct 2007, 11:57 am
I just finished reading The Party of the First Part, by Adam Freedman. [read post]
5 Oct 2021, 7:41 am by NRF Digital Team
Where an insurer has not compensated an insured in full and only partially indemnified the insured, the insured will remain in control of the claim against the third party wrongdoer and the insured will be entitled to recover its excess directly from the third party wrongdoer and not its insurer. [read post]
3 Feb 2016, 4:46 pm by Patricia Salkin
” However, the court noted that Delaware courts generally decline to find a mistake when the plaintiff cannot demonstrate an intent to include the unnamed party before the limitations period expired, but will find a mistake if the plaintiff intended to sue certain parties but was misled as to the identity of those parties. [read post]
2 Nov 2011, 10:50 am by PaulKostro
Div. 2005) (cautioning that courts “should avoid compelling parties to execute joint tax returns because of the potential liability to which the parties would be exposed”). [read post]
9 Jul 2012, 7:59 am by Administrator
”  An appeals court, however, held that employees such as Pitts working on the project were ‘participants’ and thus third-party beneficiaries of the contract entitled to sue all the other project contractors, even though the subcontracts contained a ‘No Third-Party Beneficiaries’ clause. [read post]