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15 Aug 2011, 12:02 pm by Joel R. Brandes
The United States Court of Appeals for the First Circuit addressed the district court's conclusion, under rule 1101(b) of the Federal Rules of Evidence, that "the summary character of Hague Convention proceedings does not require application of the Federal Rules of Evidence regarding hearsay.... [read post]
15 Jun 2009, 6:50 am
AUTO - INSURANCE LAW § 3420(B)(1)- TIMELINESS OF DISCLAIMER Liriano v. [read post]
17 May 2011, 10:01 am
This theory, dubbed the "but for" theory, asserts a claim for benefits due under ERISA § 502(a)(1)(B) but for the breach of fiduciary duty. [read post]
31 Aug 2011, 6:23 am by Joel R. Brandes
On August 4, 2011, Petitioner timely filed his Application for Award of Expenses, pursuant to 42 U.S.C. 11607(b)(3), along with his affidavit and supporting documentation and an affidavit from his counsel. [read post]
21 Feb 2011, 4:19 am by Daniel E. Cummins
(b) Failure to properly investigate and evaluate plaintiff[s'] insurance claim. [read post]
18 Sep 2014, 4:29 am by David DePaolo
Oliva-Barron, No. 05-13-00394-CV, Juan Pedro Oliva-Barron began working as welder for B & S in 2007, sustaining an injury in June 2009.B&S is a Texas non-subscriber that provides its employees with a welfare benefit plan governed by and construed in accordance with the provisions of the Employee Retirement Income Security Act.This plan paid benefits to Oliva-Barron after he had fallen from a height of more than 15 feet while working at a job site in Oklahoma City, landing… [read post]
11 Jul 2015, 5:35 pm
On the basis of the above, the entire residuary estate is allocated to Trust A, thereby eliminating Trust B. [read post]
28 Apr 2016, 9:50 pm
On the basis of the above, the entire residuary estate is allocated to Trust A, thereby eliminating Trust B. [read post]
22 Aug 2012, 2:04 pm by Rosa Schechter
DIABETES RESEARCH INSTITUTE AWARDED $4.6M TO TAKE ISLET TRANSPLANTATION TO NEXT LEVEL JDRF and The Leona M. and Harry B. [read post]
16 Feb 2014, 10:02 pm by Carl Custer
The warning label prescribed in 9 C.F.R. 317.2(l) and 381.125(b) has faded into the background of consumer’s awareness by overuse. [read post]
1 Jul 2015, 7:03 am by James C. Freije and Joshua Davey
Putting the brakes on what it viewed as aggressive debt-collection tactics, the Consumer Financial Protection Bureau (CFPB) filed suit in Ohio federal court on June 17, 2015, against Security National Automotive Acceptance Company LLC (SNAAC) for several violations of the Consumer Financial Protection Act of 2010 (CFPA), specifically pertaining to Sections 1031 & 1036(a)(1)(B), 12 U.S.C §§ 5531, 5536(a)(1)(B). [read post]
7 Mar 2014, 11:19 am by James S. Friedman, LLC
  Standing to challenge a search of the property and seizure of evidence will depend upon: (a) whether the individual demonstrated a subjective expectation of privacy in the property; and (b) whether that expectation of privacy is objectively reasonable. [read post]
19 Sep 2016, 11:35 pm by Riccardo Petersen
On 13 September 2016, the Constitutional Court confirmed that changes must be effected to section 65J (2)(a) and (b) of the Magistrates Courts’ Act (MCA), so the court and not the clerk of the court can issue the order, ensure that it is just and equitable in each particular case to order the attachment and that the amount to be deducted from the employee’s salary is appropriate. [read post]
22 Mar 2018, 2:41 pm by Giles Peaker
But a) busy and b) today at least, ill (just a cold, no need to send flowers). [read post]
17 Feb 2008, 9:24 am
Ritter, and how it interfaces with the Supreme Court's decision to make oversight claims a la Caremark, into a breach of the fiduciary duty of loyalty as opposed to the duty of care--which he thinks is part of the court's inclination to gut DGCL section 102(b)(7).Here is a "corporate cartoon" depicting the holding in Araneta. [read post]