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3 Aug 2007, 9:31 pm
Washington Republican Party and its sister case, Washington v. [read post]
12 Aug 2011, 8:41 am by admin
In a recent domain name dispute decision, Party Booths, LLC v. [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]
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]
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]
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]
7 May 2009, 1:40 am
7thCircuit-Seal_0.png The Seventh Circuit agrees with the First Circuit that a police officer's prior inconsistent statements in his police report qualified as a party admission in his criminal trial for violating a victim's constitutional rights; the trial court could instruct the jury that the statement could be considered as substantive evidence under FRE 801(d)(1)(A) and not simply for impeachment under FRE 801(d)(2)(A), in United States… [read post]
29 Jan 2021, 3:47 pm by Mavrick Law Firm
  In business litigation, a non-party may qualify as a third-party beneficiary when the following elements are met: “(1) existence of a contract; (2) the clear or manifest intent of the contracting parties that the contract primarily and directly benefit the third party; (3) breach of the contract by a contracting party; and (4) damages to the third party resulting from the breach. [read post]