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Claimants agree to conduct a reasonable search for and produce documents responsive to this request that are in the Claimants’ possession and/or control. | Legal Decisions | 8.80494 | 12.352917 | 11.246558 |
ASEY ) submitted the following resolution; which was considered and agreed to Supporting the contributions of Catholic schools in the United States and celebrating the 50th annual National Catholic Schools Week. | Legislation | 17.661077 | 14.959908 | 24.350405 |
This Court should review the appellate court’s sua sponte creation of an “endorsement” exception to the third-party allegation rule and clarify that the statute allows no such exception. The court of appeals misapplied Dallas Morning News, Inc. v. Hall3 and Rosenthal to erroneously craft a rule that if a speaker takes ... | Party Submissions | 6.228487 | 6.031054 | 6.249352 |
Removing Justice Devine from the ballot in these circumstances would be fundamentally unfair. That remedy would prevent millions of Texans from again voting for Justice Devine based on alleged technical defects in a few of the signatures on his ballot petition (i.e., that a few signers had previously signed Relator’s p... | Party Submissions | 8.441761 | 8.619382 | 9.111191 |
But every court confronted with actual collusion and position shifting after a legal malpractice claim assignment has voided it on grounds of public policy or judicial estoppel. Notably, the decisions from states that allow assignments of these claims or proceeds often state that they were not confronted with collusion... | Party Submissions | 6.427544 | 6.863531 | 6.790805 |
Respondent " to commission the Comptroller General " to investigate the MOPC contracts, which State entity would have issued that decision, and how that such decision would have led to the September 21, 2020 report. Indeed, such report (Exhibit R-0024, p. 7 of the PDF) is clear that it arises from a review of “libramie... | Legal Decisions | 26.778502 | 23.439386 | 26.842857 |
The parties appear to agree that if Bay is to qualify as Mann's statutory employer, it is to be through the definition of employer that is set forth in the ROCIP provision. See TEX. | Party Submissions | 26.499033 | 26.259035 | 34.57606 |
The employee argued the employer was estopped from asserting she was injured in the course and scope of her employment. The court held that the employee failed to raise a genuine issue of material fact on her equitable estoppel or quasi-estoppel theories. As to her equitable estoppel claim, the court observed that the ... | Party Submissions | 4.577676 | 4.601527 | 4.942096 |
In the intriguingly-captioned New York Party Shuttle, LLC, v. Bilello, 414 SW3d, 206, Tex. App.-- (Houston [1st] 2013, no pet), the First Court of Appeals succinctly lays out the elements of mistake, and what must be proved to invoke it. Petitioner can do no better. | Party Submissions | 12.143558 | 12.347243 | 13.868167 |
Indeed (i) both Parties typically refer to General Asphalt next to “Bluport Asphalt” and “Inversiones Titanio” ( see e.g. SoC, ¶¶ 56, 182; SoC, ¶¶ 355, 465); and (ii) the Respondent has voluntarily produced to the Claimant the contracts (and related documents) with Bluport Asphalt and Inversiones Titanio ( see Requests... | Legal Decisions | 14.587502 | 14.467249 | 16.173847 |
Fourth, Barina willfully misconstrues the fair-comment and fair-report privileges. In claiming that Petitioners cannot avail themselves of the fair-comment privilege, Barina characterizes Petitioners’ alleged conclusion that her conduct is exploitative as a false statement of fact. Even if that commentary were containe... | Party Submissions | 11.656408 | 12.102185 | 11.514086 |
HN1 [ ] Standards of Review, Abuse of Discretion The standards generally applied in a mandamus proceeding are well established. Mandamus will issue only to correct a clear abuse of discretion or the violation of a duty imposed by law and only where the petitioning party lacks an adequate remedy by appeal. A trial court... | Party Submissions | 6.202292 | 7.465005 | 8.00812 |
Fleming Defendants briefly mentioned one more Taylor privity path in their Reply Brief at page 11, which was the third (“Taylor Privity Path 3”) that reads as follows: Third, we have confirmed that, “in certain limited circumstances,” a nonparty may be bound by a judgment because she was “adequately represented by some... | Party Submissions | 12.488606 | 13.392114 | 13.029154 |
Fourth, the AAA permits fee waivers in hardship cases. Brief on the Merits, p. 18. Under Olshan, it is Rafiei’s burden to show that he has sought a fee reduction if he is going to complain of unconscionability. 328 S.W.3d at 897 (“there is no evidence that the homeowners have made any effort to reduce the likely charge... | Party Submissions | 13.957505 | 14.695492 | 16.168793 |
Id., at 198. That appears to be the case here. F. Producing an expert report upon the adequacy of the medical records was impossible here since the medical records in this case had all been destroyed. | Party Submissions | 16.862904 | 22.547613 | 22.126375 |
In re Olshan centered around a dispute where the homeowners were governed by the AAA's Commercial Arbitration Rules. 328 S.W.3d at 886-87. Under these rules, the costs that a consumer, like the homeowners in Olshan, would have to bear were limited and clearly delineated. Specifically, the homeowners' fees were capped, ... | Party Submissions | 7.923064 | 7.355064 | 9.217004 |
C. All past due royalties (including any compensatory royalties payable under Paragraph VI.B) shall be subject to a Late Charge based on the amount due and calculated at the maximum rate allowed by law commencing on the day after the last day on which such monthly royalty payment could have been timely made and for eve... | Party Submissions | 7.634686 | 7.763022 | 8.385379 |
Not only does the SWDA definition of “solid waste facility” carve out and exclude the only infrastructure alleged to be at issue by Weatherford’s petition (a sewer system), the SWDA also requires action by a potentially responsible party to qualify that party as a defendant. The SWDA identifies four categories of a per... | Party Submissions | 18.035389 | 16.162064 | 19.641298 |
No Legal or Equitable Rights or Interest. No Participant or other person shall have any legal or equitable rights or interest in this Plan that are not expressly granted in this Plan. Participation in this Plan does not give any person any right to be retained in the service of the Participating Employer. The right and... | Contract | 4.015721 | 4.090195 | 4.383312 |
As explained above,45 Serbia relies on exhibit R-043 to argue that Obnova does not have rights to its buildings at Dunavska 17-19. However, as also explained above, R-043 only includes excerpts from various sketches referred in R-043. These excerpts are insufficient to properly identify the original documents from whic... | Legal Decisions | 8.089886 | 7.926841 | 8.04694 |
Most importantly, Exhibit 7of the Brief of Appellees, (RR Vol. 2, Ex.7), a copy of which is attached hereto in the Appendix as Tab 3, shows that the management team of Integrity Aviation, a Texas Corporation, located in and doing business in Texas, consists of Victor Farias and Matt Marsenison. The last page of Exhibit... | Party Submissions | 10.130182 | 10.394037 | 11.183679 |
Under current law, and under the present Family Code, a bonus is treated as deferred compensation. There is a time allocation rule from this Court on pensions. | Party Submissions | 38.520416 | 38.87823 | 44.990517 |
Nature of the Case: This is a venue dispute involving the interpretation of forum selection, choice of law and waiver provisions in a contract. Plaintiff RLB is a subcontractor that performed dredging work for general contractor McCarthy in connection with project owner MVP’s construction of a new marine terminal along... | Party Submissions | 6.133424 | 5.7111 | 6.062553 |
Comm'n, 767 S.W.2d 709, 711 (Tex. 1989). The Opinion’s failure to address Weatherford’s central issue based on R.R. Street failed to comply with rule 47.1. | Party Submissions | 7.824526 | 9.804071 | 12.138361 |
The Walkers do not advocate for a new or different standard. They instead argue that Amarillo Court used a wrong standard based on its citation to Pediatrics Cool Care v. Thompson, 649 S.W.3d 152 (Tex. 2022). The lower court did no such thing. The court, in fact, faithfully applied the standards set out by this Court a... | Party Submissions | 14.068726 | 14.965073 | 15.662889 |
The results of the surveys carried out pursuant to Article 5 shall be submitted to the Commission using the template referred to in the Annex. | Legislation | 8.063866 | 8.328502 | 12.83147 |
Further, in In re Olshan, the homeowners attempted to argue that the arbitration costs were prohibitive. To support their claim, they provided AAA invoices from other arbitrations, hoping to draw parallels to their case. Id. at 897. This Court, however, found that the evidence wasn't legally sufficient to determine tha... | Party Submissions | 11.811322 | 11.779923 | 13.768471 |
When medical experts provide reports under Chapter 74 of the TMLA full of medical jargon, but lacking in specificity, is it the courts’ job to interpret them and connect the dots? The Walkers say “yes.” Not so fast. | Party Submissions | 22.402687 | 24.617453 | 24.41586 |
The majority opinion raised this “subjective material benefits” test sua sponte. Respondents did not argue in the trial court or in the court of appeals that the subjective material significance of the benefits Alpesh received from his alleged misconduct was a relevant factor in a demand-futility analysis. CKC had no n... | Party Submissions | 14.695079 | 13.922535 | 13.761884 |
The court of appeals agreed with the City and held that Petitioners’ claims must sound in premises liability. Delapena, 2022 WL 16993493, at *4 (citing Sampson, 500 S.W.3d at 385). The court of appeals held that the City’s failure to enforce the Mandatory Safety Policy was not a “use” of property, but a misuse or non-u... | Party Submissions | 6.864822 | 7.124539 | 7.475691 |
McCarthy also disputed whether MVP is liable for the Additional Costs, asserting that RLB’s claim could be “passed through” to MVP. R.208 ¶14. | Party Submissions | 18.977367 | 22.295948 | 25.004072 |
C. All past due royalties (including any compensatory royalties payable under Paragraph VI.B) shall be subject to a Late Charge based on the amount of past due royalties1 and calculated at the maximum rate allowed by law commencing on the day after the last day on which such monthly royalty payment could have been time... | Party Submissions | 10.686224 | 10.86389 | 11.800921 |
Moving on from the Green Tree opinion, Rafiei cites a number of decisions from other jurisdictions. Response at 14. However, Rafiei does not argue that those cases provide any basis for changing Texas law on the subject. | Party Submissions | 13.798987 | 21.236095 | 20.366077 |
This document complies with the typeface requirements of Texas Rule of Appellate Procedure 9.4(e) because it has been prepared in a conventional typeface no smaller than 14-point for text and 12-point for footnotes. This document also complies with the word-count limitations of Rule 9.4(i), if applicable, because it co... | Party Submissions | 3.758928 | 4.844921 | 5.498491 |
Each defendant whose conduct is implicated in a preliminary report “ must file and serve any objection to the sufficiency of the report not later than the 21st day after the date it was served, failing which all objections are waived.” Zanchi v. Lane, 408 S.W.3d 373, 379 (Tex. 2013) (citing Tex. Civ. Prac. & Rem. Code ... | Party Submissions | 3.860154 | 4.040687 | 3.87508 |
I write separately because I believe that the granting of the petition for permissive appeal in this case is improper, and the petition should have been denied. | Party Submissions | 7.730106 | 8.70782 | 10.92132 |
Dr. Tappan’s report confirms that he has experience in diagnosing and managing women in the second stage of labor and the “indications and techniques” for vaginal and cesarean deliveries. (CR.787) But, Dr. Tappan is not licensed in and is not “actively practicing medicine in rendering medical care services” in the area... | Party Submissions | 9.97612 | 9.204465 | 10.755829 |
Samson now rewrites “past due royalty payments” in art XVII.D as “past due late charges.” Under art. XVII.D, the Lessor can give notice of “intention to terminate,” but can actually terminate the lease only if the Lessee fails to timely pay the “past due royalty payments.” So not paying a Late Charge is not a ground fo... | Party Submissions | 9.666944 | 8.876219 | 9.959739 |
The obligations of the Company under the Plan shall be conditional on such payment arrangements, and the Company and its Subsidiaries shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Participant. The Committee may establish such procedures as it deems ... | Contract | 4.340305 | 4.922997 | 5.496057 |
This case presents the perplexing contention that Rafiei cannot pursue his $1,000,000 claim because of the possibility he may be responsible for payment of $7,675 in AAA fees and arbitration costs. If that assertion were true, it would confound any rational economic appraisal and almost certainly would be the only time... | Party Submissions | 9.092549 | 9.659745 | 9.330463 |
To require the Secretary of Agriculture to designate and maintain at least 20 percent of the total number of trails in the Shawnee National Forest for trail riding by covered vehicles, and for other purposes. | Legislation | 9.20518 | 8.723287 | 9.99219 |
If the Court concludes that the delegation provision is unconscionable, it should hold that the arbitration agreement as a whole is not unconscionable. The disposition is the same, it should vacate the order of the trial court with instructions to refer the dispute into arbitration. | Party Submissions | 9.621702 | 11.365877 | 11.234442 |
Headings. The headings of Sections are included solely for convenience of reference, and if there is any conflict between such headings and the text of this Plan, the text shall control. | Contract | 3.624092 | 5.727489 | 7.356834 |
Second, the Raymond court could have also interpreted the Raymond deed as having significant or express recitals under the significant recital theory. The Raymond deed states that husband conveyed “an undivided one-half interest in the property”. Raymond, 190 S.W.3d at 81. A significant recital (sometimes called an exp... | Party Submissions | 6.170921 | 6.655672 | 6.286447 |
We recognize that, HN7 [ ] unlike equitable estoppel, quasi-estoppel [*11] requires no showing of misrepresentation or detrimental reliance. Steubner Realty 19, Ltd., 817 S.W.2d at 164. However, in this case, the particular quasi-estoppel/unconscionability reasoning offered by Douglas necessarily requires a reliance co... | Party Submissions | 11.892473 | 15.186973 | 14.041087 |
BSA respectfully requests that the Court deny the petition for review. BSA further respectfully requests that if the Court grants the petition for review that the court of appeals’ judgment be affirmed as to BSA and that the matter be remanded to the trial court for determination of the reasonable and necessary attorne... | Party Submissions | 4.475884 | 4.390516 | 5.398737 |
Recognizing Associated Builders and Contractors Florida East Coast Chapter and the many vital contributions merit shop commercial, industrial, and infrastructure construction contractors make to the quality of life of the people of Florida. | Legislation | 12.439865 | 10.954901 | 10.47777 |
Arbitration Rules 10 and 11 6.1. The President may exercise the Tribunal’s power to fix and extend time limits for the completion of each procedural step in the proceeding under Arbitration Rules 10(1) and 11(3), in accordance with Arbitration Rules 10(3) and 11(4). | Legal Decisions | 5.43204 | 5.176591 | 5.848212 |
As provided above, Carl Craigo, as Midland’s Director of Utilities, is the only person who would know and have access to any permits or other authorizations pertaining to the alleged disposals. After a diligent search through Midland’s records—the only place such document could be found— Midland found no such permit, a... | Party Submissions | 12.109083 | 13.954757 | 12.849449 |
The termination of parental rights is twofold. “First, the parent must have engaged in any one of the acts or omissions itemized” in section 161.001(1) of the Texas Family Code. Id. “Second, termination must be in the best interest of a child.” Id. Notably, “both elements must be established by clear and convincing evi... | Party Submissions | 4.929216 | 5.553412 | 5.48708 |
Further, Mann had no burden to point out Bay's legal error previously unless Bay first established its affirmative defense under the law and evidence presented in its summary judgment proof. Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 222-23 (Tex. 1999). “The trial court may not grant summary judgment by default beca... | Party Submissions | 6.25665 | 6.32694 | 7.198847 |
In re Tyler Asphalt & Gravel Co., Inc., 107 S.W.3d 832 (2003) McDavid Nissan, Inc., 84 S.W.3d 212, 221 (Tex.2002). An agency has exclusive jurisdiction when a statutory scheme indicates the Legislature intended the statutory process to be the exclusive means of remedying the problem to which the statute is addressed. I... | Party Submissions | 5.673472 | 5.766998 | 6.465841 |
To make improvements to the child tax credit, to provide tax incentives to promote economic growth, to provide special rules for the taxation of certain residents of Tai-wan with income from sources within the United States, to provide tax relief with respect to certain Federal disasters, to make improvements to the lo... | Legislation | 7.979488 | 8.317884 | 7.630764 |
A ruling on a plea to the jurisdiction or a motion for summary judgment is reviewed de novo. Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226-228 (Tex. 2004). A trial court deciding a plea to the jurisdiction may consider evidence in addition to the pleadings, and must do so when necessary to resolve the ... | Party Submissions | 4.398502 | 5.014325 | 5.214168 |
Demandante. De hecho, el experto de la Demandante solo conoce la existencia de 4 cenotes, 84 situación que confirma los hallazgos del Dictamen de SEMARNAT. Este informe permite suponer que se puede suponer que varios de estos cenotes desaparecieron o fueron fusionados con los lagos artificiales a consecuencia de la ac... | Party Submissions | 12.294942 | 16.559435 | 15.33597 |
Respondent’s negotiation of the contract; and Refidomsa’s (non)fulfillment of its responsibilities under the contract—are directly relevant to the central question of whether Respondent discriminated against Claimant in favor of similarly-situated Dominican-owned companies. Id. | Legal Decisions | 11.363832 | 13.070793 | 12.965172 |
MVP contends the Subcontract’s “flow-down” provisions bind RLB to the waiver provisions in MCC paragraph 47.7. MVP asks this Court to improperly insert contractual language that is not there. | Party Submissions | 21.380714 | 24.556864 | 29.990454 |
The Diocese had the initial burden to show a settlement amount that covered the same injury. See Sky View, 555 S.W.3d at 107. The forbearance agreement allocates $175,000.00 to the constitutional lien on Mendietta’s homestead and provides that Mendietta will pay $750/month towards that injury. (2CR916). In exchange, Ba... | Party Submissions | 11.231209 | 10.881436 | 12.271046 |
GENERAL JURISDICTION General jurisdiction can be exercised if the non-resident defendant’s contacts in a forum are continuous and systematic. Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414-15, 104 S.Ct. 1868, 80 L.Ed.2nd 404 (1984). | Party Submissions | 2.234138 | 2.712263 | 2.76946 |
Likewise, under section 40, “[a] person who obtains a benefit by an act of trespass or conversion, by comparable interference with other protected interests in tangible property, or in consequence of such an act by another, is liable in restitution to the victim of the wrong.” RESTATEMENT (THIRD) OF RESTITUTION AND UNJ... | Party Submissions | 4.830357 | 5.564781 | 4.802208 |
PCC : Respondent objects to this request on the basis that Claimants have failed to explain why the requested documents are not in their possession, custody or control. These documents must b e in Obnova’s, i.e., Claimants’ possession, custody or control as documents submitted as exhibits R -037, R-038 and R-039 concer... | Legal Decisions | 12.942404 | 11.92426 | 14.662587 |
The declaration of Carl Craigo, Midland’s Director of Utilities, accurately stated that Midland owns and operates a domestic wastewater treatment plant, subject to a TPDES permit. (CR 54.) Weatherford insists that Midland intentionally mislabels the sewage system as “domestic,” and this, and this alone, led to an incor... | Party Submissions | 10.885144 | 11.110875 | 10.789837 |
Rather, it is seeking to ensure that its entitlement to the VAT refunds, which has not been the subject of a challenge under the ongoing NAFTA dispute, should not be gutted by the unauthorized deposit of the refunds by the SAT. Such unauthorized deposits of VAT refunds owing to PEM were made after the filing of the Req... | Legal Decisions | 13.117337 | 11.34025 | 14.076928 |
On Appeal from the 469th Judicial District Court, Collin County, Texas Trial Court Cause No. 469-53096-2017. Opinion delivered by Justice Smith. Justices Carlyle and Garcia participating. | Party Submissions | 4.467838 | 4.546655 | 6.623096 |
MVP contends RLB should have asked the trial court to determine which claims were and which were not within the scope of MCC paragraph 47.7. MVP’s Brief at 61-62. Once again, the Court should be wary of MVP’s misleading “waiver” arguments. | Party Submissions | 15.863401 | 16.927761 | 18.222256 |
Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for L M O it is expressly ORDERED that H A O shall have a superior right of possession of the child as follows: 1. Spring Vacation in Odd-Numbered Years -In odd-numbered years, beginning at th... | Party Submissions | 12.970588 | 14.556927 | 15.886603 |
Section 5. Determination of Severance Benefit. Subject to the provisions of Section 4 above and this Section 5, if a Participant incurs a Qualifying Termination, the Participant shall be entitled to a “Severance Benefit.” A “Severance Benefit” shall consist of a “Severance Allowance” determined in accordance with this ... | Contract | 4.372677 | 4.152668 | 4.337601 |
The trial court correctly applied the threshold standard here when it found that the reports from the Walkers ’ three experts establish that their claims are not frivolous. And in enacting § 74.351(l), the Legislature committed this determination to the trial court’s discretion. But the Seventh Court believed that the ... | Party Submissions | 14.744411 | 14.995396 | 17.459187 |
The supreme court indicated, however, that the terms of the husband’s employment also supported its interpretation that the broad denition of “Jture earnings” in the MSA encompassed all the money the husband received after the partition date regardless of when the underlying work was performed. ,Id. at 452. Specically,... | Party Submissions | 17.184286 | 15.044807 | 16.129093 |
If the El Paso court’s opinion stands, distributors and manufacturers will be incentivized to try imposing all sorts of unreasonable sales standards on franchised dealers by enforcing them through lesser consequences than franchise termination ( e.g., withholding allocations) and communicating them outside dealership a... | Party Submissions | 15.601 | 14.623878 | 15.299314 |
It is not the “court’s function to question the wisdom of these statutes or to seek to rewrite them based upon [its] view of public policy.” Sowell v. Int’l Ints., L.P., 416 S.W.3d 593, 600 (Tex. App.—Houston [14th Dist.] 2013, pet. denied 2013). If the Legislature had intended to limit Section 51.003(a) to only action... | Party Submissions | 5.825976 | 5.89184 | 6.158022 |
A recording of the session was made and deposited in the archives of ICSID. The recording was distributed to the Members of the Tribunal and the Parties. | Legal Decisions | 9.31471 | 8.134583 | 11.284988 |
For purposes of the foregoing, unless otherwise required under applicable Section 409A Requirements, any distribution that a Participant elects to receive in a series of installments shall be treated as being a single payment on the date of the first installment of such series. | Contract | 6.500094 | 6.826898 | 7.384648 |
Respondents inform this Court that “[c]ertain [j]urisdictional [f]acts [w]ere and [r]emain undisputed.” See Respondents’ Brief at 5, 21. But there is no evidence of many of the “facts” Respondents rely on. Compare, e.g ., Respondents’ Brief at 5, 21 and Petitioner’s Brief at 41–43. Petitioner MCI must correct some of R... | Party Submissions | 5.945922 | 5.823597 | 6.218164 |
The Arbitral Tribunal considers that the documents sought under this request are included in Request 3.a and no decision is therefore made. | Legal Decisions | 26.068045 | 30.948666 | 38.062782 |
TADA’s Letter (Apr. 19, 2023). As explained above, if the El Paso court’s ruling stands, manufacturers/distributors could try to use it to argue that they are not “requir[ing]” unreasonable standards if they (1) impose lesser consequences than franchise termination (like reduced inventory), or (2) impose the standards ... | Party Submissions | 14.209672 | 13.404272 | 15.448525 |
We need the above information to support this project.734 516. Mr Hågensen replied on 16 May 2013: 1. Russian vessels cannot catch snow crab in the NØS / Svalbard zone. This is because the snow crab is not a part of the fisheries agreement between Russia and Norway. The same applies to other foreign vessels. | Legal Decisions | 20.862099 | 20.699966 | 23.956095 |
In Green Tree, the plaintiff had “failed to support [her] assertion” that “[a]rbitration costs are high, and that she did not have the resources to arbitrate.” Id. at 90 n.6. The Court explained that the plaintiff’s “discussion of costs relied entirely on unfounded assumptions” because, among other things, she did not ... | Party Submissions | 6.502753 | 7.540351 | 7.076954 |
Failure (in whole or in part) or delay on the part of either TDCC or a UCC Member in performance of any of the obligations imposed upon it shall be excused and such party shall not be liable for damages or otherwise when such failure or delay is beyond the control of TDCC or such UCC Member (“force majeure event”). Suc... | Contract | 7.923008 | 7.007517 | 8.456 |
Id. at *2. Yet the Austin court correctly applied § 2301.467(a)(1)’s plain meaning, holding that the distributor “required” the standard by authoritatively asking a dealer to comply with the standard on pain of adverse consequences. | Party Submissions | 20.442719 | 20.457493 | 21.057241 |
Footnotes 1 C.R. at 8. 2 C.R. at 9; 457-463. 3 Id. 4 C.R. at 458. 5 C.R. at 19. 6 C.R. at 26. 7 Appellants Brief at 1. 8 A “ROCIP” by design, is a flexible Rotating Owner Controlled Insurance Program permitted under 406.123 of the Texas Labor Code. ROCIPs and OCIPs have no legal distinction for the purposes of this cou... | Party Submissions | 8.157723 | 7.874252 | 8.436234 |
Contract or its enforcement. App. 4. Again, RLB’s live pleading asserts that RLB’s claims all arise out of or relate to the Subcontract and the Owner Contract. R.451 ¶9. | Party Submissions | 19.215672 | 21.402935 | 28.595467 |
The City next assaults application of the SWDA by suggesting the City could only be liable under a strict liability statute and insisting the SWDA does not impose strict liability. The City neither distinguishes nor even discusses any of Weatherford’s cited authorities treating CERCLA as imposing strict liability. (Bri... | Party Submissions | 9.657589 | 9.774126 | 10.383964 |
This Promissory Note evidences the Loan made under the Loan Agreement, and is entitled to the benefits of the Loan Agreement, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time, the provisions of which are hereby incorporated by reference. The Loan Agreement provides ... | Contract | 3.282548 | 3.396236 | 4.12395 |
THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the judgment of the trial court should be reversed and rendered. The Court orders the judgment of the trial court REVERSED and RENDERS judgment in accordance with its opinion. Costs of the appeal are adjudged against appellees. | Party Submissions | 2.619824 | 5.088203 | 5.891198 |
As explained above, the requested documents will show that the City of Belgrade considered Obnova to be the user of its premises at Dunavska 17-19 and Dunavska 23 and charged Obnova a fee for the use of the land at Dunavska 17-19 and Dunavska 23. This is inconsistent with Serbia’s position in this arbitration that Obno... | Legal Decisions | 4.875284 | 5.382426 | 4.78873 |
B. Employer Element [12] By its first issue, Bay asserts that it qualified as Mann's statutory employer. It is undisputed that Bay was Mann's actual employer under the common-law definition of “employer”. In the context of workers' compensation, though, “employer” is a statutory term that does not always align with the... | Party Submissions | 6.017041 | 6.852819 | 7.075265 |
For column 13: Provide the risk factors in different rows, using as many rows as necessary. For each risk factor indicate the risk level and corresponding relative risk and proportion of host population. | Legislation | 27.912209 | 39.60617 | 40.198742 |
FROM: _______________________________________________ 1. IN CONSIDERATION of being provided with materials in connection with the arbitration between Ruby River Capital LLC and Canada, over which claims for confidentiality have been advanced (“Confidential Information”), I hereby agree to maintain the confidentiality o... | Legal Decisions | 11.432119 | 10.757601 | 11.719754 |
A reviewing court construes statutory provisions to ascertain and effectuate legislative intent, and it ascertains that intent by first looking to the plain and common meaning of the statute's words. The court must also view a statute's terms in context and give them full effect. Tex. Gov't Code Ann. § 311.011(a) (2005... | Party Submissions | 4.572381 | 4.858028 | 5.334002 |
The district court conducted a hearing on the City’s plea to the jurisdiction and heard extensive evidence presented by both sides. SCR44-400 (City’s jurisdictional evidence); CR73-150 (Petitioners’ jurisdictional evidence). After hearing all of the evidence, the district court took the matter under advisement and ulti... | Party Submissions | 6.725858 | 7.153306 | 7.961164 |
To amend the Department of Agriculture Reorganization Act of 1994 to improve the Office of Urban Agriculture and Innovative Production, and for other purposes. | Legislation | 4.123856 | 3.003487 | 3.842181 |
As this Court has previously held, if there is more than a scintilla of evidence to support the finding of jurisdiction, the finding by the Trial Court of denial of the Special Appearance stands. In determining whether there is a scintilla of evidence to support the finding, the Court must look to only the evidence sup... | Party Submissions | 6.600797 | 7.836512 | 7.66669 |
Convention Article 44; Arbitration Rule 1 1.1. These proceedings are conducted in accordance with the ICSID Arbitration Rules in force as of 1 July 2022. | Legal Decisions | 8.226347 | 8.63814 | 11.06506 |
UCC shall make payments to TDCC for product purchased and services rendered hereunder within five (5) business days of the receipt of TDCC's invoice. Invoices shall be issued once per month as soon as possible after the end of such month. | Contract | 8.42827 | 8.522925 | 11.07534 |
Bestor contends in his first issue that his breach of contract claim is not barred by the workers' compensation exclusivity provision and that the trial court has subject-matter jurisdiction over his breach-of-contract claim. | Party Submissions | 6.464039 | 8.186392 | 9.933042 |
To amend the Help America Vote Act of 2002 to confirm the requirement to observe the election administration procedures in congressional elections. | Legislation | 12.372925 | 11.666412 | 13.023952 |
Thus, believing that DWC "has the exclusive jurisdiction to make the initial determination of whether Bruno was an employee of Hellas at the time of his fatal injury or illness," Hellas filed a combined plea to the jurisdiction and motion for abatement. In the filing, Hellas prayed that the Martinez Family's "suit be d... | Party Submissions | 5.90813 | 6.285659 | 6.468857 |
Plan Administration. This Plan shall be administered by the Committee which shall have discretionary authority to make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Plan and to utilize its discretion to decide or resolve any and all questions, including but not limit... | Contract | 4.516287 | 4.418212 | 5.329124 |
Petitioners first cite to the facts of Casteel where the jury was instructed on thirteen statutory causes of action, where as a matter of law, only nine were legally valid. Similarly, here, the jury was instructed on two legal theories of negligence and one of them, the yield sign theory, was deemed invalid as a matter... | Party Submissions | 12.029898 | 11.473795 | 12.408744 |
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