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2 Sep 2011, 11:25 am by Michael H. Cohen
Dubin Orthopedic Center, 294 S.W.3d 421 (2009) Issue The issue in this case is whether a physician can bill for physical therapy services under the Kentucky Physical Therapy Act. [read post]
25 Aug 2011, 10:51 am by WOLFGANG DEMINO
  See Miranda, 133 S.W.3d at 227–28 (“[W]hen the facts underlying the merits and subject matter jurisdiction are intertwined, [the plaintiff must] show that there is a disputed material fact regarding the jurisdictional issue. [read post]
18 Aug 2011, 8:35 pm by WOLFGANG DEMINO
We conclude the parties agreed to litigate this matter in New York County, New York. [read post]
17 Aug 2011, 7:11 pm by WOLFGANG DEMINO
The contract is not ambiguous if it can be given a certain or definite meaning as a matter of law. [read post]
15 Aug 2011, 10:00 pm by WOLFGANG DEMINO
The interpretation of an unambiguous contract is a matter of law to be determined by the trial court. [read post]
15 Aug 2011, 9:24 pm by WOLFGANG DEMINO
The trial court granted appellee's hybrid motion for summary judgment, ruling that appellee was entitled to judgment as a matter of law on appellant's counterclaims. [read post]
13 Aug 2011, 11:26 am by WOLFGANG DEMINO
“It operates to extinguish the claim or cause of action as effectively as would a prior judgment between the parties and is an absolute bar to any right of action on the released matter. [read post]
11 Aug 2011, 1:09 pm by Bexis
  We conclude, however, as a matter of law, that defendant may not be held liable for failing to withdraw its product from the market. . . . [read post]
11 Aug 2011, 11:56 am by WOLFGANG DEMINO
P. 93(10) (“A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit[:] A denial of an account which is the foundation of the plaintiff’s action . . . . [read post]