Day on Torts

MARCH 22, 2024

The trial court granted defendants judgment on the pleadings, ruling that to the extent plaintiff claimed breach of contract and fraud, those claims were not pled with sufficient particularity, and to the extent he claimed legal malpractice, the claim was time barred. The ruling for defendants was affirmed on appeal.

Statute 52

Statute Legal Legal Divorce 52

SCOTUSBlog

OCTOBER 10, 2023

Although neither party to the contract is from New York, the insurance contract selected New York law, as these contracts typically do. The contract calls for New York law, so the justices have to decide whether federal courts should respect that contract. The first is the 1955 decision in Wilburn Boat Co.

Contract 91

Contract Laws Court Statute 91

Gravel2Gavel

JANUARY 18, 2022

by Robert A. James and Shade Oladetimi. Public-private partnerships are often cited as a key pathway to restoring and enhancing the nation’s infrastructure. They can be challenging arrangements to structure. (As With apologies to Small Business Administration practitioners, we use “PPP” in this article to refer to the infrastructure tool.).

Statute 52

Statute Contract Small Business 52

FDA Law Blog

NOVEMBER 7, 2021

Kirschenbaum — On September 30, we blogged about the ongoing dispute and litigation around the use of contract pharmacies under the 340B Drug Discount Program (click here ). A key issue before the court was whether, despite the relevant statute’s silence on the issue, Congress intended to allow the use of contract pharmacies.

Statute 52

Statute Contract Manufacturing Court 52

Conflict of Laws

AUGUST 23, 2021

Court of Appeals for the Eleventh Circuit issued its latest decision on foreign forum selection clauses and cruise ship contracts. The contract also contained a choice-of-law clause selecting Italian law. contract a provision limiting. The contract in Turner had a choice-of-law clause selecting Italian law. public policy.

Contract 98

Contract Personal Injury Statute Court 98

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59

Statute Court Tort Healthcare 59

LexForti

JANUARY 18, 2022

This article was written by Shristi Roongta, who explains what are smart contracts and elaborates upon its presence in the Indian laws. Hence the contracts are also getting digitalised. Basically, smart contracts are new age software-based contracts in which the software automates the business processes. INTRODUCTION.

Contract 52

Contract Technology Laws Court 52

Law 360

MAY 10, 2024

Panoramic Health faces a wrongful termination suit filed Thursday in Colorado federal court by its former assistant general counsel who claims she was fired after raising concerns about its alleged noncompliance with federal anti-kickback statutes and regulations over its federally funded kidney care contracting program.

Statute 52

Statute Contract Court 52

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc. M2020-01417-SC-R23-CV (Tenn.

Statute 59

Statute Construction Cause of Action Misdemeanor 59

FDA Law Blog

FEBRUARY 5, 2023

By Faraz Siddiqui — In the Spring of 2021, the Health Resources and Services Administration (HRSA) threatened six drug companies with billions of dollars in penalties for not providing 340B discounts to covered entities that sell drugs through vast networks of contract pharmacies (more background on earlier posts ). A lot is at stake here.

Contract 52

Contract Statute Manufacturing Court 52

SCOTUSBlog

MARCH 20, 2024

considered a technical question under the Bankruptcy Code, how to decide when an entity is a “party in interest” under the statute, which gives it a right to “be heard on any issue” in a Chapter 11 proceeding. One of the oddest parts of the argument was the lack of engagement with the relevant statute. Kaiser Gypsum Co.

Statute 100

Statute Contract Court 100

Day on Torts

JUNE 15, 2022

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.

Contract 52

Contract Tort Statute Government 52

Day on Torts

SEPTEMBER 9, 2022

Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”

Contract 52

Contract Tort Court Rules Statute 52

At the Lectern

JULY 21, 2022

.” The court added that if the remedies it approves “are problematic as a matter of policy, the Legislature can be expected to amend the statute accordingly.”

Statute 49

Statute Tort Contract Court 49

Conflict of Laws

MAY 31, 2021

In Maska the 1st claimant/respondent instituted an action for summary judgment against the defendant/appellant and the 2nd respondent at the High Court of Katsina State for breach of contract. In Maska, the focus was on what it labeled as “territorial jurisdiction for breach of contract” in inter-state matters.

Contract 98

Contract Cause of Action Court Laws 98

JURIST

SEPTEMBER 21, 2022

Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Human rights experts across the world have accused Russia of genocide during its invasion of Ukraine. The United Nations Charter in June 1945 established the ICJ and began its activities in April 1946.

Statute 104

Statute Contract Construction Court 104

Conflict of Laws

DECEMBER 6, 2023

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. Princess argued that Mr Ho’s contract was subject to different terms and conditions to those that governed the contracts of other Aussie passengers.

Contract 70

Contract Laws Court Statute 70

Conflict of Laws

MAY 8, 2024

Whilst the CISG has been part of Australian law since 1989, it is a well-known fact that India is not a CISG Contracting State. Where – as in C P Aquaculture – it is not the case that both parties are from Contracting States, the CISG cannot apply by virtue of Art. This follows from Art. 1(1)(a) CISG. 1(1)(a) CISG. 1(1)(b) CISG.

Contract 70

Contract Laws Government Lawyer 70

SCOTUSBlog

MARCH 15, 2024

The insurer’s argument is simple, relying directly on the statute’s reference to a “party in interest.” The statute does not define the term directly, though it does specify that it includes “the debtor, the trustee, a creditors’ committee, [and] a creditor.”

Court 111

Court Contract Statute Manufacturing 111

Patently O

APRIL 10, 2022

In a 2019 post , Dennis explains why it is correct to refer to the Section 286 limitation on damages as a “statute of limitations.” For the record, Judge Newman uses the term in her Roche Diagnostics dissent.). City of Omaha , 230 U.S.

Statute 56

Statute Technology Court Contract 56

SCOTUSBlog

NOVEMBER 3, 2023

In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. Congress also provided tribes that contract with the Indian Health Service with a third possible source of funding.

Government 96

Government Contract Statute Court 96

SCOTUSBlog

APRIL 28, 2022

The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. In Thursday’s ruling in Cummings v.

Court Rules 98

Court Rules Court Contract Statute 98

Day on Torts

MARCH 22, 2022

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

Contract 52

Contract Tort Real Estate Cause of Action 52

SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

Statute 99

Statute Court Contract Tort 99

Mondaq

FEBRUARY 16, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently reminded contractors of the importance of documenting submissions to the government and retaining that documentation.

Statute 40

Statute Contract Government 40

CARET Legal

MAY 1, 2024

Artificial Intelligence (AI) is revolutionizing the legal world, transforming key practices including case reviews, legal research, contract analysis, and predictive analytics. Contract Analysis Simplified In the realm of legal practices, contract analysis and drafting stand as pivotal yet time-intensive tasks.

Law Firm 71

Law Firm Law Firms Document Review Legal Research 71

SCOTUSBlog

FEBRUARY 16, 2024

brings the justices yet another case under a statute with which they are all too familiar – the Federal Arbitration Act. Notably, because the statute refers to a “class of workers engaged in … commerce,” the drivers argue that the characteristics of their employer are irrelevant. Share Bissonnette v. LePage Bakeries Park St.

Statute 105

Statute Manufacturing Contract Court 105

SCOTUSBlog

FEBRUARY 20, 2024

The key language protects employees, by excluding from the FAA’s arbitration requirement, all “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” LePage Bakeries Park St. Seamen, railroad workers.” Perhaps we will find out before June!

Statute 92

Statute Contract Attorney Legal 92

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).

Laws 57

Laws Contract Statute Construction 57

JURIST

APRIL 28, 2022

This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.

Compensatory Damages 195

Compensatory Damages Contract Contract Law Statute 195

The Crime Report

SEPTEMBER 20, 2023

This statute permits a defendant’s attorney to enter into plea negotiations with the U.S. Attorney’s Office to determine if a mutually agreed upon guilty plea contract can be reached. The appeals court pointed out that the “guardrails” of this statute “are designed to keep the district court within the bounds of the sentencing statute.”

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Statute Contract Court Attorney 105

SCOTUSBlog

DECEMBER 2, 2021

Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Two questions seemed especially pressing to the justices.

Contract 81

Contract Statute Court Contract Law 81

Conflict of Laws

FEBRUARY 22, 2024

The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. It held that choice-of-law provisions in maritime contracts are presumptively enforceable as a matter of federal maritime law.

Court 67

Court Contract Laws Statute 67

Mondaq

AUGUST 2, 2022

District Court for the District of Puerto Rico has recently ruled on a case dealing with Puerto Rico's Dealer's Contracts Act, also known as Law 75.

Manufacturing 40

Manufacturing Statute Contract Court 40

At the Lectern

NOVEMBER 8, 2023

Business and Professions Code section 16600 provides that, with some stated exceptions, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” ” In Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th Arthur Andersen LLP (2008) 44 Cal.4th

Contract 45

Contract Court Statute Laws 45

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

Stare Decisis 88

Stare Decisis Statute Court Contract 88

At the Lectern

JUNE 26, 2023

” However, the court says, the applicable statute doesn’t preclude equitable relief: “we will not assume that the Legislature intended to imbue a time bar with jurisdictional consequences merely because the statute speaks in mandatory terms.”

Statute 49

Statute Contract Finance Court 49