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28 Nov 2018, 1:06 pm by PaulKostro
A-3565-16T3, November 27, 2018: A legal and enforceable contract requires proof of: (1) a meeting of the minds and (2) mutual assent between the parties. [read post]
17 Sep 2015, 9:45 am by The Public Employment Law Press
”As the Court of Appeals held in United Federation of Teachers, Local 2 v Board of Education of the City of New York, 1 NY3d 72, "a party that participates in the arbitration may not later seek to vacate the award by claiming it never agreed to arbitrate the dispute in the first place. [read post]
30 Dec 2018, 10:52 pm by John Diekman
Practice point:  Granting the motion requires a finding that (1) there was a lawful order of the court, clearly expressing an unequivocal mandate; (2) the party against whom contempt is sought disobeyed the order; (3) the party who disobeyed the order had knowledge of its terms; and (4) the movant was prejudiced by the offending conduct. [read post]
10 Jul 2019, 7:27 am by PaulKostro
A-6032-17T4, July 9, 2019: To prove a claim based on promissory estoppel, a party must show: “(1) a clear and definite promise; (2) made with the expectation that the promisee will rely on it; (3) reasonable reliance; and (4) definite and substantial detriment. [read post]
Jackson answered this action and filed his own claims: (1) an individual counterclaim against Citibank and (2) a third-party class-action against Home Depot U.S.A., Inc., and Carolina Water Systems, Inc. [read post]
2 Jul 2013, 6:48 am by Mark S. Humphreys
To qualify as a third party beneficiary, the plaintiff in a lawsuit against an insurance company must prove: 1) that she was not privy to the written insurance agreement; 2) that the contract was made at least in part for her benefit; and 3) that the contracting parties intended for her to benefit from their written agreement. [read post]
30 Jun 2010, 6:19 pm
(2) If so, may that prohibition be enforced in a civil action brought by the third party victim? [read post]
19 Dec 2009, 12:25 pm
Louis (again) (0) Victory in Missouri (0) Update: Wal-Mart drops subrogation claim (2) Update: Missouri tobacco fees (1) [read post]
11 Sep 2011, 5:42 pm by Tom Heintzman
Arbitration -  Non-parties  –  Setting aside award: MJS Recycling Inc. v. [read post]