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26 Aug 2017, 4:10 am
The law in New Jersey (where this case arose) presumes that a court and not an arbitrator decides any issue that concerns whether a claim should be arbitrated. [read post]
13 Nov 2012, 7:55 am
In a recent California 3rd District Court of Appeal decision, it was used against a party who was not following the advice of his attorney when he tried to set aside a forged deed. [read post]
24 Oct 2019, 8:22 am
The new certification will require “certified independent 3rd party organizations to conduct audits” of federal contractors. [read post]
2 Dec 2020, 5:51 pm
Although the recommended order (and the trial court's order adopting same) essentially granted the Mother the relief she requested, the general magistrate included three paragraphs at the end of the recommended order which are the subject of this petition: Neither party shall disclose or reveal to any 3rd party, directly or indirectly, through any social media or otherwise, the details of any financial information, including but not limited… [read post]
29 Oct 2020, 9:50 am
Court of Appeals for the 3rd Circuit held that Philadelphia’s nondiscrimination requirement for its contracts with private vendors does not violate the First Amendment. [read post]
11 Nov 2010, 2:50 am
This includes design professionals who provide services related to improvement of real property, contractors, and subcontractors (down to the 3rd tier). [read post]
26 Apr 2022, 12:42 pm
This coverage should provide immunity to the owner from all other liability, including vicarious liability, to any third-party tortfeasor and to the employee, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of injury or death. [read post]
14 Jan 2016, 3:28 pm
This latter statute provides that the “trustee may not assume . . . any executory contract . . . if . . . applicable law . . . excuses a party . . . to such contract . . . from accepting performance from . . . . an entity other than the debtor or debtor in possession…” Unfortunately, there are cases that come down on both sides here, holding in contradictory fashion that (1) Section 365(c)(1) does not prohibit a debtor in poss [read post]
15 Jan 2013, 3:30 am
They claim that as “appraisers” that they are not subject to any licensing laws. [read post]
18 Jan 2019, 9:57 am
Section 2 provides that the Act applies only when the parties’ agreement to arbitrate is set forth as a “written provision in any maritime transaction or a contract evidencing a transaction involving commerce. [read post]
21 Sep 2015, 5:38 pm
PIEKLO, Appellees. 3rd District. [read post]
13 Oct 2021, 5:44 am
Welcome to Abbott & Kindermann’s 2021 3rd Quarter cumulative CEQA update. [read post]
28 May 2013, 6:25 am
Goodwin, 534 N.Y.S.2d 590 (3rd Dep’t 1998). [read post]
5 Dec 2023, 6:08 am
You’d think that would be an important part of a unilateral investigation used to make coverage decisions… State Farm will vehemently deny and “not accept” any 3rd party documentation regarding identification of roofing materials, and therefore coverage decisions, including ITEL. [read post]
10 May 2021, 3:06 pm
GRANADA INSURANCE COMPANY, et al., Appellees. 3rd District.Civil procedure -- Discovery -- Business records -- Examination -- Transport of documents -- Appeals -- Certiorari -- Trial court departed from essential requirements of the law by requiring party to transport original corporate documents from California to opposing counsel in Florida where opposing party did not identify any reason to do so. [read post]
30 Jul 2012, 7:50 am
See Heintzman and Goldsmith on Canadian Building Contracts (3rd ed.) at Chapter 5, part 1(b) Bre-Ex Limited v. [read post]
2 Nov 2020, 10:14 am
The ballot initiative would do this: (a) allowing app-based drivers to maintain their traditional independent contractor status; while also (b) providing them with new and added benefits not previously available to independent contractors—a compromise that could inhere to the benefit of both parties. [read post]
10 Jul 2008, 6:17 am
If the parties are not able to mutually agree on a mediator, the parties shall utilize the American Arbitration Association to assist in the selection of a mediator. (4) If any portion of the claim remains unsettled after mediation, the contractor and the local agency, charter city, or charter county shall submit the dispute to binding arbitration, and shall follow the same procedure for selecting an arbitrator as set forth in paragraph (2) for the selection of a… [read post]
9 Oct 2018, 11:57 pm
Welcome to Abbott & Kindermann’s 2018 3rd Quarter CEQA update. [read post]
5 Aug 2022, 4:29 am
Are you an expat gig worker (an independent contractor or freelancer who does short-term work or has side hustles overseas) who earns more than $600 through third-party apps such as PayPal or Stripe? [read post]
