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19 Sep 2012, 1:00 pm
The other alternative is that one party may simply pay the other for their fair share of their ownership interest in the property. [read post]
15 Sep 2012, 11:18 am
In rejecting all of Mr. [read post]
13 Sep 2012, 9:13 pm
B-KY: A chief restructuring officer in a ch 11 case isn't a trustee so it has no quasi-judicial immunity from suit. http://www.bankruptcylitigationblog.com/uploads/file/BlackDiamond-BK-ED-KY-Scott-10-18-11.pdf … 8-BAP sides with view that a ch. 13 dbtr ineligible for discharge can strip off a wholly unsec lien on princip. resid. http://www.bankruptcylitigationblog.com/uploads/file/Fisette-8-BAP-Schermer-8-29-11.pdf … 8-BAP agrees w/all Cir. [read post]
13 Sep 2012, 4:45 pm
However, it is conceivable under the same rationale that if there were other construction lien claimants on the property-which would normally be paid pro rata in a foreclosure sale-Evergreen would have moved not only behind the bank, but behind all other lien claimants as well. [read post]
13 Sep 2012, 3:18 pm
In the usual case, the claimant's interests can be adequately protected by provisional and protective measures". [read post]
13 Sep 2012, 8:43 am
It is also well understood in other areas of law. [read post]
13 Sep 2012, 8:27 am
I.e., there is no mathematical sense behind a rule that favors one approach over the other. [read post]
13 Sep 2012, 6:54 am
In the usual case, the claimant's interests can be adequately protected by provisional and protective measures". [read post]
12 Sep 2012, 2:10 am
It could also include information such as whether there was a media defendant, whether the public interest was argued, and whether the claimant was a politician, businessperson or some other well-known person. [read post]
11 Sep 2012, 7:05 am
Florida’s Medicaid Third-Party Liability Act specifically states that, in the event of an injury for which another party is liable, Medicaid assistance is secondary to all other sources of compensation for past medical expenses. [read post]
11 Sep 2012, 3:01 am
Full report: Family Law Week.Singh v Singh & anor [2012] EWHC 615 (Ch) (21 February 2012)Case in which the claimant father claimed that there is a constructive trust affecting all property held in the name of his son the first defendant, arising from the Hindu Joint Family System and the principles of Mitakshara. [read post]
10 Sep 2012, 10:03 pm
Nevertheless, "other recognized limitations still govern the tort liability of municipal officers" including governmental immunity, which attaches where the alleged negligent conduct giving rise to the claim involves a discretionary act requiring the government employee to exercise reasoned judgment. [read post]
10 Sep 2012, 12:37 pm
We understand that insurance companies want any and all information about claimants and, as we saw with this recent Broward County ruling, they will dig very deep if necessary. [read post]
10 Sep 2012, 10:04 am
Broadly, cases with private party claimants end up there for two reasons. [read post]
10 Sep 2012, 4:00 am
An interesting thing happened on the way to the drug store the other day - it turns out that, according to one research group, workers' compensation claimants are least likely to engage in the consumption of illicit drugs compared to other medical sample groups while recovering from an injury.And this is in contrast to concerns in the industry, as reflected in those expressed at the Insurance Council of Texas workers’ compensation conference last week, where… [read post]
9 Sep 2012, 7:58 am
According the complaint, she proceeded to “friend” the claimant, which invitation was accepted, leading to access to another cache of photos, conversations and a video of the plaintiff wrestling with his brother. [read post]
8 Sep 2012, 10:54 am
The court shall also consider all other relevant facts and circumstances, including: whether the claimant was an infant, or mentally or physically incapacitated, or died before the time limited for service of the notice of claim; whether the claimant failed to serve a timely notice of claim by reason of his justifiable reliance upon settlement representations made by an authorized representative of the public corporation or its insurance carrier; whether the… [read post]
7 Sep 2012, 5:03 pm
The public figure may be a role model whose conduct could well be emulated by others. [read post]
7 Sep 2012, 3:23 pm
Rule 8 places the burden of pleading a plausible claim for relief and the grounds for this claim on the claimant. . . . [read post]
7 Sep 2012, 11:34 am
All very simple then. [read post]