Mondaq

AUGUST 10, 2021

Collateral warranties typically grant a contractual cause of action to third parties. The contractual matrix of commercial construction projects commonly includes collateral warranties.

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Construction Cause of Action Contract 40

SCOTUSBlog

APRIL 28, 2022

Further, the court has analogized spending clause legislation to a contract and has held that funding recipients are on notice that they are subject to those remedies traditionally available in suits for breach of contract. In Thursday’s ruling in Cummings v.

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Court Rules Court Contract Statute 98

LawSites

FEBRUARY 22, 2023

15 , she held that, although Xcential had not demonstrated that Akin and Agnello had instituted a sham proceeding before the USPTO (which would be an exception to the doctrine), the doctrine does not extend to breach of contract claims. In a ruling issued Feb.

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Drafting Legal Legal Contract 98

Day on Torts

MARCH 30, 2023

Plaintiffs filed suit for breach of contract, negligence, negligent misrepresentation, and intentional misrepresentation, but the trial court granted summary judgment for defendants based on the “as is” nature of the purchase agreement. On remand, the trial court entered a new order granting summary judgment. Continue reading

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Cause of Action Contract Court 59

Day on Torts

FEBRUARY 2, 2023

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. 29-20-205, which states that immunity is not removed “if the injury arises out of…interference with contract rights.” At issue here was Tenn. Code Ann. § Continue reading

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Tort Contract Cause of Action Construction 59

LawSites

MARCH 26, 2024

Based on these allegations, Diaz-Roa’s complaint states causes of action for sexual harassment, breach of contract, deprivation of earned compensation, and others, and requests appropriate damages.

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Legal Legal Law Firm Law Firms 55

LawSites

MARCH 21, 2024

In addition to the names of the parties and the jurisdiction, Ai.law asks you to provide: Causes of action. (If Smith Contracting, a business built on the bedrock of honest work and community service, has been thrust into the shadow of scandal by a story as false as it is damaging. Any issues likely to be contentious.

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Drafting Legal Legal Litigation 133

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 88

Conflict of Laws

APRIL 13, 2023

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. One such issue is limitation.

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Laws Procedural Law Contract Government 98

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.

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JonathanTurley

SEPTEMBER 22, 2021

.” There are 13 claims: FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT. SECOND CAUSE OF ACTION FOR SLANDER. THIRD CAUSE OF ACTION FOR LIBEL. FOURTH CAUSE OF ACTION FOR FALSE LIGHT. FIFTH CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.

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Cause of Action Construction Contract Tort 32

SAV Paralegal Services

AUGUST 3, 2022

Rule 12 of the Rules of the Small Claims Courts provides for an option for the Court to strike out a Plaintiff’s claim or a Defence if it discloses no reasonable cause of action. Plaintiff claimed there was a breach of the contract and negligent misrepresentation as grounds to claim damages.

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Paralegal Services Paralegal Paralegals Cause of Action 98

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

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SCOTUSBlog

NOVEMBER 7, 2022

These statutes operate as contracts between the United States and those receiving funds—the United States offers money in exchange for recipients providing services to private individuals, who function as third-party beneficiaries of that contract. Separation of powers and federalism principles strengthen that conclusion.

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Stare Decisis Statute Court Contract 88

At the Lectern

JULY 20, 2023

A partially divided Fourth District, Division One, Court of Appeal, published opinion reversed the dismissal on demurrer of a mother’s action for the distress she suffered when speaking on the phone with her daughter as the daughter was involved in a car crash allegedly caused by the defendants’ negligence.

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Law School Manufacturing Demurrer Contract 40

SAV Paralegal Services

OCTOBER 30, 2021

They may help you to structure your pleading correctly, outlining the cause of action or relying on defence in a clear and precise language that is understandable for the Judge. For a relatively small fee, your pleadings or motion will be drafted properly, whether you will be claiming in contract or in tort. .

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Paralegal Paralegals Contract Litigation 52

Day on Torts

MARCH 29, 2022

Shortly after the purchase, plaintiffs discovered the home was contaminated with mold, and they filed this action asserting claims for breach of contract, negligence, gross negligence, negligent misrepresentation, and intentional misrepresentation. Defendants filed a motion for summary judgment, which the trial court granted.

Court 59

Court Real Estate Cause of Action Contract 59

Patently O

MARCH 21, 2021

The second provision relates to appellate courts: The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction over final decisions from US district courts “in any civil action arising under. An example is a breach of contract dispute between two parties from the same U.S. ” 28 U.S.C.

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Contract Statute Court Cause of Action 100

JonathanTurley

NOVEMBER 23, 2021

They allege a mix of contractual and tort claims: Cause of Action 1 (Breach of Contract), Cause of Action 2 (Promissory Estoppel), Cause of Action 3 (Intentional Interference With Prospective Business Relationships), Cause of Action 4 (Defamation), Cause of Action 5 (Unreasonable Publicity), Cause of Action 6 (False Light), and Cause of Action 7 (Intentional (..)

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Cause of Action Laws Law School Tort 36

LexForti

JUNE 4, 2021

Furthermore, the aforementioned provision also stipulates that the suit may also be filed before the court within the local limits of the opponent, wherein a part or the whole of the cause of action is witnessed to arise. Where part or whole of the cause of action arises. In the case of A.B.C. Laminart Private Limited v.

Cause of Action 52

Cause of Action Court Entertainment Laws 52

Patently O

DECEMBER 4, 2020

In the early 2000s, the companies reached some form of a tacit agreement — although without an express contract. The TTAB particularly found a binding contract between the parties where Australian Therapy gave-up its rights to use the mark in the US: . The evidence shows that the parties reached an agreement. 3d 1270, 1274 (Fed.

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Contract Cause of Action Statute Court 60

LawSites

NOVEMBER 29, 2022

It asserts that Akin Gump then “breached the implied contract by rejecting the project as soon as financial terms were discussed and tried to file a patent on the work Xcential performed.”.

Drafting 52

Drafting Law Firm Law Firms Laws 52

The Fashion Law

MAY 18, 2021

As a result, the plaintiffs have set forth an array of claims against the defendants, including breach of contract, breach of fiduciary duty, and breach of good faith and fair dealing, and two causes of action – tortious interference with contract and fraudulent inducement – against Claudio Del Vecchio, alone, in his personal capacity, arguing that (..)

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Legal Legal Contract Cause of Action 82

JonathanTurley

NOVEMBER 18, 2022

Later the university refused to renew his contract. I have previously written about how such contract faculty are particularly vulnerable to pressure and coercion over their academic or political views. THIRD CAUSE OF ACTION Violation of Plaintiffs’ Right to be Free from Unconstitutional Conditions (42 U.S.C.

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Cause of Action Contract Law School Laws 45

The IP Law Blog

MARCH 23, 2023

The license agreement between Evox and Chrome contained a provision that “[n]o action, regardless of form, arising out of this agreement may be brought by either party more than two years after the cause of action arose.” Normally, the statute of limitations for a copyright violation is three years.

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Statute Cause of Action Court Contract 98

At the Lectern

JULY 28, 2022

.” The appellate court concluded that, because common law claims cannot be brought against public entities, the county could not be sued for breach of an implied-in-fact or implied-in-law contract. ” Horvitz & Levy filed the successful petition for review. ” Here are the petition for review , answer , and reply.

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Government Court Contract Cause of Action 49

Constitutional Law Reporter

APRIL 20, 2022

Saxon : The case involves Section 1 of the Federal Arbitration Act (FAA), which states that the FAA does not apply “to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Below is a brief summary of the cases the Court considered: Southwest Airlines Co.

Cause of Action 52

Cause of Action Court Constitutional Law Contract 52

Day on Torts

MAY 5, 2021

. § 56-7-111 states that “when an insured property owner’s home or other structure sustains more than $1,000 in damages, the property or casualty insurance company shall name the general contractor of an uncompleted construction contract as a payee when issuing payment to the owner for the loss.”

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Statute Construction Cause of Action Misdemeanor 59

Patently O

MARCH 13, 2021

A person who claims to have been improperly omitted from the list of inventors on a patent may bring a cause of action for correction of inventorship under 35 U.S.C. § In that case, Levin sued Septodent for breach of contract associated with payments on a patent sale agreement. Septodont Inc., 65 (4th Cir. 2002)(unpublished).

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Cause of Action Contract Court Laws 91

SCOTUSBlog

APRIL 9, 2021

4617(b)(12). Warsaw Orthopedic Inc. Issue : Whether a federal court with exclusive jurisdiction over a claim may abstain in favor of a state court with no jurisdiction over that claim.

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Statute Cause of Action Court Finance 86

ClimateChange-ClimateLaw

JUNE 15, 2012

The complaint asserted four causes of action relating to the legality of New York’s participation in RGGI. The fourth cause of action raised the question of whether RGGI violates the Compact Clause as a multistate contract not authorized by Congress.

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Cause of Action Contract Court Decisions Legal 40

Conflict of Laws

JUNE 28, 2023

But Mallory argued that by registering to do business in Pennsylvania, it had agreed to appear in Pennsylvania courts on any cause of action. Tyrrell (2017), another FELA suit involving out-of-state parties and a cause of action that arose out of state as well. Norfolk Southern contested personal jurisdiction.

Court 40

Court Statute Cause of Action Contract 40

Conflict of Laws

MARCH 29, 2023

In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

Court 52

Court Tort Cause of Action Litigation 52

The Fashion Law

MAY 12, 2021

In connection with the various causes of action, she is seeking an award of compensatory, treble, and punitive damages; an award of attorney’s fees and costs; and an award of prejudgment interest. . The case is Chloe Coscarelli, et al.

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Punitive Damages Cause of Action Attorney Contract 102

Conflict of Laws

DECEMBER 19, 2022

Danda: The concept of the weaker party in direct actions against the insurer. A/S the CJEU iterates on the principle expressed in Recital 18 Brussels I bis Regulation that in cross-border insurance contracts only the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules.

Court 52

Court Cause of Action Laws Legal 52

Conflict of Laws

AUGUST 19, 2021

As an illustrative example, a High Court of a State in Nigeria or that of the Federal Capital Territory, Abuja has jurisdiction over the subject matter of a simple contract. A common example is a breach of contract claim. [4] The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14]

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Court Contract Statute Laws 76

LawSites

JANUARY 4, 2023

As I reported here in November , the law firm Akin Gump Strauss Hauer & Feld has sued Xcential for misappropriation of trade secrets, breach of contract, and other causes of action. [Editor’s note: This is a guest post by Mark Stodder , President of Xcential Legislative Technologies.

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