Conflict of Laws

OCTOBER 23, 2023

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. Many passengers contracted COVID-19; some died. Statute has left little of the common law untouched. Background The Ruby Princess’ passengers contracted on different sets of terms and conditions (US, UK and AU).

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Laws Contract Statute Construction 56

JURIST

AUGUST 25, 2023

Relying on the interpretive principle of plain meaning , the appellants argue that the clause, “the steady and repetitive rhythmic contraction of the fetal heart,” being offset by commas suggests that it provides additional information describing “cardiac activity” and thus can be omitted.

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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. Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.

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Tort Construction Statute Court 59

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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Day on Torts

NOVEMBER 15, 2022

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

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Prima Facie Case Tort Statute Construction 59

At the Lectern

AUGUST 13, 2021

the ‘onboard work’ for Metrolink’s PTC project) falls within the definition of ‘public works’ under California Labor Code § 1720(a)(1) either (a) as constituting ‘construction’ or ‘installation’ under the statute or (b) as being integral to other work performed for the PTC project on the wayside (i.e., the ‘field installation work’).”.

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Calendaring Construction Statute Contract 49

JonathanTurley

DECEMBER 5, 2023

He has been reinvented by his lawyers and public relations team so many times he now seems like a Sybil witness with carefully constructed alternative personalities. Even the mainstream media has largely abandoned its denial of the corruption in these contracts. The only question now is which Hunter will appear.

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Construction Contract Depositions Felony 52

The Crime Report

FEBRUARY 9, 2022

With that, even if someone is an extremely motivated worker, when the employment contract is stipulated as temporary, formerly incarcerated individuals often fall prey to wrongful termination, or dangerous low-wages that are unsustainable. The BJS figures show that formerly incarcerated people in the sample had an average of 3.4

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Construction Statute Contract 97

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. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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LexForti

OCTOBER 27, 2022

Summary: This article highlights the challenges of invoking the remedy of ‘substituted performance’ in case of breach of turnkey contracts, and suggests potential solutions for the same. To this end, this article shall analyze the challenges of availing substituted performance in turnkey contracts. Turnkey Contracts.

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Contract Construction Project Management Technology 52

SCOTUSBlog

JUNE 27, 2021

To bolster this argument, she pointed toward a number of federal statutes, including Indian law statutes, that use the term “recognized” in this more capacious sense. Congress routinely includes illustrative examples in statutes, he noted, even when they might seem to be redundant. (In

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Statute Government Education Construction 60

SCOTUSBlog

APRIL 16, 2021

Today, the regional ANCs in particular are among the most important companies in Alaska, with billions in revenue from energy development, tourism and government contracting. ANCSA left unsettled, however, the status of Alaskan Native governments.

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Government Contract Statute Education 122

LawTechnologyToday

MARCH 23, 2023

A few of the most significant technological trends lawyers need to be aware of are: Artificial Intelligence (AI): Artificial intelligence enables lawyers to automate routine tasks, including document reviews, contract analysis, and legal research. The service also provides data storage that is secure and cost-effective for large volumes.

Legal Technology Solution 84

Legal Technology Solution Technology Document Review Lawyer 84

SAV Paralegal Services

OCTOBER 11, 2021

Employers often attempt to limit their obligations towards employees by pre-emptively adding clauses that limit termination entitlements in the employment contract. Generally, the default notice period for an employment contract where there is no termination clause is governed by the common law under the concept of reasonable notice period.

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Contract Paralegal Services Paralegal Paralegals 52

SCOTUSBlog

APRIL 29, 2022

The Fund for Protection of Investors’ Rights in Foreign States , the justices wrestled with whether private commercial arbitrations and bilateral investment treaty arbitrations qualify as tribunals within the meaning of the statute. Plain text of the statute. ZF did not achieve a knock-out win based on the plain text of the statute.

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Government Statute Court Legal 94

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

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Conflict of Laws

NOVEMBER 14, 2022

Throughout the course, the special nature of cross-border employment was acknowledged and the participants were acquainted with the concepts of triangular contracts, weaker-party protection, International Labour Organisation, the ‘decent work’ objective, etc. It presented three juridical sources in hierarchy: statute, equity and common law.

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Tort Contract Laws Statute 52

Day on Torts

SEPTEMBER 14, 2022

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. According to plaintiff, he was unable to stop himself on the scaffolding because guardrails had not been installed thereon. internal citations and quotations omitted).

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Tort Construction Court Statute 59

At the Lectern

APRIL 28, 2021

In cases where the statute of limitations is tolled, is the first day after tolling ends included or excluded in calculating whether an action is timely filed?” the ‘field installation work’).” ” Mendoza v.

Calendaring 49

Calendaring Statute Felony Court 49

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. Ledesma & Meyer Construction Co. ” Horvitz & Levy filed the successful petition for review. 2018) 5 Cal.5th

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Government Court Contract Cause of Action 49

Conflict of Laws

NOVEMBER 4, 2022

Not surprisingly, due weight was given to Switzerland and Belgium, as the former is considered to have a model legislation on the discipline and the latter has the “youngest” statute of continental Europe. Article 62 seems to be of limited utility, since it merely confirms that French clinics need to follow French law and vice versa.

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Laws Drafting Family Law Construction 52

Paralegal Bootcamp

APRIL 27, 2023

What I did learn was how to look up statutes and cases. So we did get kind of a field trip and we got to go to the law library and look up statutes and codes and case law. When I took the course, a lot of that was already known to me. I had never had any experience with that. The firm I was with didn’t do a lot of legal research.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

At the Lectern

MARCH 18, 2021

Fresno Unified School District , and it limited the issue to: “Is a lease-leaseback arrangement in which construction is financed through bond proceeds rather than by or through the builder a ‘contract’ within the meaning of Government Code section 53511 ?” The court agreed to hear Davis v.

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Court Construction Finance Statute 49

Broadcast Law Blog

AUGUST 26, 2018

TV translators and LPTV stations are eligible for reimbursement if they filed for a construction permit in the recent displacement window (see our posts here , here and here about that window). The statute authorizing the reimbursement also requires that the station must have been operating (meaning that it was licensed) on April 13, 2017.

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Statute Construction Contract Government 40

Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Supreme Court’s decision in Chevron U.S.A. Natural Resources Defense Council , 467 U.S. In Loper Bright Enterprises v. Raimondo , the D.C.

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Statute Construction Contract Court 52

Conflict of Laws

SEPTEMBER 1, 2022

Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

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Contract Tort Procedural Law Court 10

ClimateChange-ClimateLaw

AUGUST 31, 2023

Most countries with significant offshore oil and gas resources have laws, regulations, and contracts that require private offshore oil companies to bear the cost of decommissioning their facilities. Decommissioning offshore oil and gas infrastructure can be a laborious and expensive process.

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Contract Government Finance Laws 69

InHouseBlog

JULY 29, 2023

However, the asset purchase structure will trigger “anti-assignment” clauses in the Target’s customer and supplier contracts and governmental permits/licenses, which can delay closing and make it more difficult to preserve the Target’s business intact. Whether the standard is actual knowledge or “constructive knowledge” (i.e.,

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Diligence Finance Contract Legal 75

SCOTUSBlog

JUNE 22, 2022

Share The Supreme Court on Tuesday unanimously struck down a Washington state law that was aimed at helping federal contract employees get workers’ compensation for diseases arising from cleaning up nuclear waste. The case, United States v. The question in this case concerned the scope of this waiver.

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Laws Government Construction Statute 96

Conflict of Laws

DECEMBER 15, 2020

The common law action has not been abolished by statute or disapproved judicially but, sadly, it is not widely understood or used by practitioners/courts in Nigeria. The construction placed on the statutory regime. More recently, see: Wilbros West Africa v Mcdonnel Contract Mining Ltd (2015) All FWLR 310. [2] 14 at 351-358. [16]

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Laws Court Legal Legal 52

Law Prose

MARCH 13, 2024

His one-after-another-after-another burglary of ten units in a single storage facility occurred on one ‘occasion,’ under a natural construction of that term. Third, an argument that doesn’t focus on the crucial words of a statute, regulation, or contract—and doesn’t cite relevant authorities in support—is probably flawed.

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Court Lawyer Lawyers Construction 52

MyCase

JANUARY 24, 2024

Natural Language Processing (NLP): A computer system with the ability to interpret written and spoken language, which can be used to analyze contracts and flag problematic sections. Save Time and Enhance Efficiency AI-powered tools can automate various tasks, such as legal research, contract drafting, and document review.

Document Review 52

Document Review Lawyer Lawyers Law Firm 52

Conflict of Laws

MAY 17, 2022

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. an assignee as a third party is bound by a jurisdiction clause agreed by the original contracting parties.

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Contract Legal Legal Court 40

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” State of New Jersey v North Beach 1003, LLC , Nos.

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Court Litigation Litigating Attorney 40

JonathanTurley

MAY 25, 2021

The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. Martin accepted the contract which called for the payment of a $1,000 honorarium as well as costs of travel and lodging. ” She was then denied the contract.

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Court Rules Contract Laws Court 38

JonathanTurley

APRIL 2, 2024

The filings also did not address the fact that the Justice Department not only allowed the statute of limitations to run on major crimes, but sought to finalize an obscene plea agreement with no jail time for Hunter. It was allowing the statute of limitations to run despite having an agreement on the table to keep potential felonies alive.

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Contract Statute Felony Court 62

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigation 72