Search for: "Matter of S.W."
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21 Jun 2007, 11:10 am
Ratliff, 998 S.W.2d 882, 891-92 (Tex. 1999); Hansen v. [read post]
31 Oct 2023, 9:05 pm
The Third Circuit also noted that: Were the debtor facing “serious financial and/or managerial difficulties at the time of filing,” the result may have been different.[16] Thus, there are two critical takeaways from LTL Mgmt: (1) a showing of financial distress is a necessity, no matter what the Texas Two-Step (or other statutes) say, and (2) the debtor who shows specific “financial or managerial difficulties” may be able to satisfy this burden. [read post]
29 Jan 2009, 4:42 pm
Missouri Department Of Corrections, 245 S.W.3d 236 (Mo. 2008) "The same long-standing principles applied in Phillips apply in this case. [read post]
11 Aug 2011, 1:09 pm
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]
1 Oct 2019, 6:14 am
The trial court asked Defendant’s trial counsel: “Up [until] the time that this matter occurred, Mr. [read post]
27 Sep 2007, 11:38 am
Jude Medical, S.C., Inc., 178 S.W.3d 127, 138-39 (Tex. [read post]
20 Feb 2009, 5:04 am
The fascinating, and ultimately frustrating, pair of decisions in Guinan v. [read post]
9 Jul 2013, 1:25 pm
Stafford Estates Ltd Partnership, 135 S.W.3d 620, 640-641 (Tex.2004), the Texas Supreme Court applied Nollan/Dolan to a town’s conditioning the approval of a development on the general requirement that all builders/developers construct concrete streets. [read post]
28 Feb 2019, 5:42 am
Now it seems to me that there is no First Amendment exception for speech that the judge views as being "born out of a vendetta," or even as "seeking to cause mental distress"; but even to the extent there are exceptions for, say, defamation, or true threats, or perhaps even speech on matters of private concern that's "extreme and outrageous" and intended to cause severe emotional distress, that can't justify an overbroad, categorical "shall… [read post]
17 Mar 2015, 7:00 pm
SECTION 2-603. [read post]
7 Oct 2010, 9:52 am
Tizard, 897 S.W.2d 732 (Tenn. [read post]
12 Jan 2012, 1:15 pm
” (A bit of background – in Grundberg the Utah Supreme Court concluded as a matter of law that Restatement (2d) §402A, comment k applied “across the board” and barred assertion of any and all strict liability, design defect claims). [read post]
20 Oct 2011, 1:01 pm
Ratliff, 998 S.W.2d 882, 891-92 (Tex. 1999); Hansen v. [read post]
4 Nov 2021, 5:37 am
We think that as a matter of policy the identity of the parties to a lawsuit should not be concealed except in the unusual case.[10] "[A]nonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. [read post]
22 Feb 2020, 6:11 am
., 566 S.W.3d 671, 695 (Tenn. 2019) (noting Tennessee law has a “strong strain” of textualism “to keep the written words as the loadstar of contract interpretation. [read post]
23 Dec 2023, 7:16 pm
Others have gone down this dubious path before, but these authors’ embrace of the plaintiffs’ expert witnesses’ opinion in Bendectin litigation reveals the insubstantiality and the invalidity of their method.[18] As Professor Ronald Allen put the matter: “Given the weight of evidence in favor of Bendectin’s safety, it seems peculiar to argue for mosaic evidence [WOE] from a case in which it would have plainly been misleading. [read post]
28 Jun 2021, 12:35 pm
Trust and Estate Implications Involving Potentially Incapacitated PersonsS.T. v. 1515 Broad Street, LLC (A-87-18) (081916) Argued November 6, 2019 -- Decided March 9, 2020ALBIN, J., writing for the Court.Only when, through proper legal procedures, a court determines that a litigant lacks the mental capacity to govern her affairs may the litigant be deprived of the right to decide the destiny of her lawsuit. [read post]
3 Jun 2022, 10:03 am
The Third Circuit held that plaintiff had described its trade secret “with sufficient particularity to separate it from matters of general knowledge in the trade or of special knowledge of those persons who are skilled in the trade, and to permit the defendant to ascertain at least the boundaries within which the secret lies. [read post]
30 Oct 2023, 8:51 am
Rando is a case that shows that the greatest danger of costumes can be a matter of interpretation. [read post]
17 Oct 2021, 2:17 pm
Referring to studies, without qualification, as admissible in themselves is usually wrong as a matter of evidence law. [read post]
