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26 Jun 2018, 6:00 am by DONALD SCARINCI
As Justice Kennedy explained: The physical presence rule has long been criticized as giving out-of-state sellers an advantage. [read post]
16 May 2014, 6:22 pm by Submitted Post
Buyer is responsible for (i) loading, carriage and risk of loss of the goods (“risk of loss of the goods” includes any loss of, or damage to, the goods.) from seller’s designated facility to the destination, (ii) providing sufficient notice to seller of any information known to buyer that is necessary for seller to comply with any of buyer’s contractual timing and point of delivery requirements, (iii) providing seller with a receipt or… [read post]
1 Oct 2015, 12:51 pm by Jordan Pascale, P.L.
The 1st DCA cited to the Florida Supreme Court’s holding in Johnson v. [read post]
4 Sep 2007, 9:37 am
In 2004, the Court of Appeals for the Sixth Circuit ruled in Lexmark International, Inc. v. [read post]
22 Mar 2010, 7:55 am
Keyword suggestion, however, was a “neutral tool” that did nothing more than provide options that advertisers could adopt or reject, in the court's view.The opinion in Jurin v. [read post]
11 Dec 2017, 12:44 pm by The Silber Law Firm LLC
The Court of Appeals zeroed in on the First Department’s core finding that “the Appellate Division affirmed . . . because a rescission action unequivocally evinces the plaintiff’s intent to disavow its contractual obligations, the commencement of such an action before the date of performance constitutes an anticipatory breach’ (Princes Point LLC v. [read post]
11 Dec 2017, 12:44 pm by The Silber Law Firm LLC
The Court of Appeals zeroed in on the First Department’s core finding that “the Appellate Division affirmed . . . because a rescission action unequivocally evinces the plaintiff’s intent to disavow its contractual obligations, the commencement of such an action before the date of performance constitutes an anticipatory breach’ (Princes Point LLC v. [read post]