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18 Feb 2016, 3:30 am by The Public Employment Law Press
It is well settled that “a party whose rights would be adversely affected by a determination of an appeal to the Commissioner in favor of a petitioner is a necessary party and must be joined as such. [read post]
24 Apr 2015, 5:00 am by Daniel E. Cummins
   At trial, the Plaintiff’s medical bills and lost wages were stipulated to by both parties. [read post]
21 Jun 2010, 1:57 am by Ben Vernia
US Magistrate Judge John Facciola in DC issued a ruling on June 16 on third-party discovery in DC in a Katrina insurance qui tam suit filed in the Southern District of Mississippi. [read post]
31 Oct 2019, 7:37 am by Eric Athey
  If those factors exist, a court should then consider whether the employer and its employees “have adopted the third-party incentive bonuses as part of their employment agreement. [read post]
30 Dec 2023, 6:24 am by Kelly McClure
The appeals court concluded that the burden of proof on the moving party in a modification proceeding applies even when the non-moving party defaults. [read post]
3 Mar 2010, 3:33 am
Notice of claim must be timely to trigger a duty to defend and indemnify the party being suedGutierrez v State of New York, 58 AD3d 805Typically lawsuits in which the issue is whether or not timely notice of a claim has been made involve individuals attempting to sue the State or a political subdivision of the State.The Gutierrez case concerns such a requirement except that in this instance the State is faulted for failing to give the “indemnifying party” – The… [read post]
19 Jun 2009, 6:36 am
 In particular, it noted that while disclosure to an unnecessary third party would destroy communication, disclosure to a third party to whom the disclosure is reasonably necessary to further the purpose for which the legal representation was initially sought preserved both privileges. [read post]
9 Aug 2012, 8:33 am by Antonin I. Pribetic
Kyrgyz Republic, 2012 ONSC 4351 (CanLII) ["Kyrgyz Republic"] confirms that only parties with standing may challenge enforcement and execution of a foreign arbitral award in Ontario. [read post]
  Further, the transfer of data must be necessary to the legal proceeding and where possible data should be shared in an anonymized or pseudonymized form and a party should seek to have the requesting party use a treaty where one is available (which has an impact on Art. 49). [read post]
8 Mar 2018, 2:00 am by Robert Kreisman
“The party seeking to pierce a corporate veil must make a substantial showing that one corporation is a dummy or sham for another. [read post]
1 Aug 2014, 11:40 am by Joel Griswold
”  Specifically, quoting Stolt-Nielsen, the court cited significant distinctions between individual and classwide arbitrations: “(1) an arbitrator . . . no longer resolves a single dispute between the parties to a single agreement, but instead resolves many disputes between hundreds or perhaps even thousands of parties . . . ; (2) the presumption of privacy and confidentiality that applies in many bilateral arbitrations [does] not apply in class arbitrations[,]… [read post]
17 Apr 2009, 5:13 am
In a case that could have major implications for U.S. civil actions against Mexican parties, a U.S. district court has held that the only way of lawfully serving a Mexican defendant is through the country's central authority in the Ministry... [read post]
19 Jan 2014, 6:23 am by Immigration Prof
Various news outlets have reported that actress Maria Conchita Alonso faced a backlash after she endorsed a Tea Party immigration hardliner for California governor Tim Donnelly this month. [read post]
7 Apr 2019, 6:58 am by Legal Profession Prof
The Connecticut Appellate Court affirmed a verdict favoring a former client who had filed a civil claim of misappropriation The parties’ fee agreement provided for a contingent fee of 40 percent. [read post]
14 Jan 2021, 10:45 am by Legal Profession Prof
The Missouri Supreme Court has disbarred an attorney, rejecting mitigation claims without supporting evidence The parties agree that, over a period of approximately five years, Eric F. [read post]