At the Lectern

APRIL 27, 2023

” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit. ” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit.

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Mondaq

SEPTEMBER 13, 2021

The High Court has ruled in Kevin O'Donovan and Cork GAA v Dr. Bunni, James Bridgeman, and OCS One Complete Solution Ltd, which concerned the question of whether an adjudicator had jurisdiction to hear a dispute referred under the Construction Contracts Act 2013.

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Construction Court Rules Contract Court 40

Gravel2Gavel

MARCH 21, 2022

Although the contract in question was not a construction contract, the decision is equally relevant in the construction sphere. Zabielski and Julia Kalinina Belcher. This approach was held to reflect “commercial reality and the accepted function of liquidated damages.” Continue Reading ›.

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Construction Contract Laws Court 52

SAV Paralegal Services

JUNE 14, 2021

While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal. Such layoffs are not to be treated as constructive dismissal. In Coutinho v. Ocular Health Centre Ltd.,

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Construction Paralegal Services Laws Paralegal 52

JURIST

AUGUST 25, 2023

Planned Parenthood South Atlantic joined two physicians and Greenville Women’s Clinic to file a petition Thursday asking the Supreme Court of South Carolina to reconsider its decision to uphold a strict state law banning abortions after six weeks of pregnancy.

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Court Construction Statute Contract 104

SCOTUSBlog

NOVEMBER 25, 2022

Share Over the past 40 years, the Supreme Court has repeatedly expressed concern about the breadth of federal criminal prosecutions under the mail and wire fraud laws. The court’s decisions have narrowed the scope of federal power, particularly in recognizing the right of state and local governments to operate without undue federal influence.

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Day on Torts

AUGUST 15, 2022

The Tennessee Supreme Court has agreed to review two new cases, Commercial Painting Company Inc. Commercial Painting addresses the applicable of the economic loss doctrine in a construction project and an attorney’s fee award issue. 68-11-1801 to -1815, and arbitration agreements in nursing home contracts. Code Ann. §

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Construction Court Contract Attorney 59

JURIST

SEPTEMBER 21, 2022

Ireland Tuesday filed a declaration of intervention in the Registry of the Court in the International Court of Justice (ICJ) in the case of Ukraine v. Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Russian Federation.

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Statute Contract Construction Court 104

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. They contracted to travel on the cruise in different parts of the world, and according to Princess, were subject to different terms and conditions subject to different systems of law. The ship is registered in Bermuda.

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SCOTUSBlog

AUGUST 18, 2021

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Group asks Supreme Court to block construction of Obama library in historic Chicago park (Pete Williams & Dartunorro Clark, NBC News). The post The morning read for Wednesday, Aug.

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Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

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Court Construction Contract Laws 64

Constitutional Law Reporter

MAY 14, 2024

Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. To purchase those rights, they entered into contracts with Flowers that require any disputes to be arbitrated under the FAA.

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SCOTUSBlog

NOVEMBER 3, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. A list of all petitions we’re watching is available here.

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Mondaq

SEPTEMBER 9, 2022

There is a distinct procedure, when enforcing a statutory entitlement to progress payments under construction contracts.

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Construction Contract Court 40

Law 360

APRIL 4, 2023

A New Jersey and Pennsylvania bistate commission handling a Delaware River bridge project went beyond its powers when it mandated that contractors make project labor agreements with specific unions in order to bid on the construction contract, a Garden State appeals court ruled Tuesday.

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SCOTUSBlog

MARCH 21, 2023

More than a century ago, the Supreme Court held in Winters v. More recently, the court in United States v. Jicarilla Apache Nation held that a tribal nation suing the federal government for breach of trust must point to contract or treaty language explicitly establishing a right. Justice Elena Kagan framed the issue differently.

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Contract Government Court Construction 141

Conflict of Laws

OCTOBER 23, 2023

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Many passengers contracted COVID-19; some died. The company is incorporated in Bermuda.

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Laws Contract Statute Construction 56

Day on Torts

FEBRUARY 2, 2023

Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. At issue here was Tenn. Code Ann. § Continue reading

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Tort Contract Cause of Action Construction 59

Law 360

NOVEMBER 22, 2021

A California state court jury found Monday that MedMen did not constructively discharge or breach the contract of the cannabis giant's former chief financial officer, awarding no money to the executive after he sought a payout of over $24 million.

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Construction Contract Court 40

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. The court granted review in County of Santa Clara v. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov.

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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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SCOTUSBlog

DECEMBER 17, 2020

The Supreme Court decided Texas v. Texas filed the case directly in the Supreme Court, invoking the court’s original jurisdiction in cases where one state sues another … just as it did on Dec. Based on this exchange, the court agreed with the river master that the water had been stored in Brantley at Texas’ request.

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Court Contract Legal Legal 145

Conflict of Laws

MAY 18, 2021

The article demonstrates that the current contracting practice is unbalanced and inefficient. The duties of care of a sponsor under contract and/or tort law are also determined by the degree of control exercised by a sponsor and the economic dependence of the athlete on the sponsor. It entices athletes to take unreasonably high risks.

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Patently O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Core Optical Techs., Nokia Corp. , 23-1001 (Fed. May 21, 2024).

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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At the Lectern

APRIL 21, 2022

The Ninth Circuit today continued its recent increase in requests to the Supreme Court for help deciding issues of California law. Victory Woodworks , a panel of the federal court has asked for answers to these questions: “1. ” The case was removed to federal court, where a district court dismissed it.

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Day on Torts

FEBRUARY 16, 2022

The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. internal citation omitted). Code Ann. §

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Tort Construction Statute Court 59

OilandGasLawyer

MARCH 18, 2021

A colleague recently pointed out to me that I had miss-read the Texas Supreme Court’s recent opinion in Endeavor Energy Resources v. In my previous post on the case I said that the Court had concluded that the retained acreage clause being construed was ambiguous and had remanded the case for a trial on the meaning of the clause.

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Court Construction Diligence Contract 52

ClimateChange-ClimateLaw

JUNE 22, 2021

Circuit ruled in favor of the Environmental Defense Fund in its challenge to the Federal Energy Regulatory Commission’s decision making on the Spire Pipeline, holding that FERC requires more than private, self-dealing contracts to find public need to build fossil fuel pipelines.

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. courts over disputes that arise in other countries. The result in Mallory v.

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Court Statute Cause of Action Contract 40

Cenza

OCTOBER 29, 2020

Law firms can expect a surge in work after normal life resumes as all the markets have been upended, supply chains have been disrupted, and companies will seek ways to back out of contracts or prevent deals from falling apart. And all of this is fertile ground for lawsuits.

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Document Review Legal Services Legal Legal 52

Conflict of Laws

NOVEMBER 10, 2021

Generally, a significant number of courts are experimenting with the use of internet, artificial intelligence and blockchain for case filling, investigation and evidence obtaining, trials and the initiation of ADR procedures. Smart Court in China: An Overview. The smart court is the core of the entire smart justice project. “The

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Technology Court Litigation Litigating 40

Day on Torts

NOVEMBER 30, 2020

6, 2020), plaintiffs were the decedent’s children, who had died while working as a plumber on a construction project. Focus Designs filed a motion to dismiss, which the trial court granted, finding that plaintiffs had not shown that the injury was foreseeable. Southland Constructors , No. M2019-02060-COA-R3-CV (Tenn.

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Prima Facie Case Construction Contract Tort 52

At the Lectern

AUGUST 13, 2021

On Monday morning, the Supreme Court will file its opinions in Busker v. Both cases come to the court from the Ninth Circuit under rule 8.548. In Busker , the court in November 2018 agreed to answer this question posed by the Ninth Circuit: “Whether work installing electrical equipment on locomotives and rail cars (i.e.,

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Calendaring Construction Statute Contract 49

At the Lectern

JANUARY 18, 2023

The Supreme Court has announced a four-case February calendar. The court continues on a pace for a low output of opinions. Related: “What’s ailing the California Supreme Court? Related: “What’s ailing the California Supreme Court? Superior Court (1962) 57 Cal.2d Superior Court (1962) 57 Cal.2d

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At the Lectern

MARCH 18, 2021

The court denied that request, but granted ordered review on its own motion, in People v. Martinez , and it limited the issue to: “Did the Court of Appeal correctly declare California Code of Regulations, title 10, section 2076 , unconstitutional on its face?” The court agreed to hear Davis v. ” (Link added.)

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Court Construction Finance Statute 49

Conflict of Laws

JUNE 13, 2024

This has immense significance regarding the security of contracts, enforcement of obligations, and overall predictability of solutions on these issues. The Supreme Court of Nigeria and the Judicature The Nigerian Supreme Court is necessary for the legal system’s stability, coherence, and sustainable evolution. [2]

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