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Service Lloyds then sought judicial review of the administrative appeal ruling, and Bestor obtained summary judgment in his favor and was awarded attorney's fees for that litigation. See HN1 [ ] TEX. LAB. CODE ANN. § 408.221(c) (providing for carrier's liability for claimant's attorney's fees if claimant prevails in ca...
Party Submissions
8.33303
8.472657
10.500998
Given the lack of clarity regarding the nature and extent of Claimants' voluntary production, Respondent asks the Tribunal to order production of all documents requested under this point, excluding the documents related to communications with Claimants' counsel in relation to the present arbitration or which were other...
Legal Decisions
12.942987
11.511887
13.876815
Except as otherwise expressly provided in this Expanded Standard Possession Order, if a weekend period of possession by L M O ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrol...
Party Submissions
6.537339
5.891062
6.34196
N.W.2d 857, 860 (Minn.Ct.App.1987); Fleming v. Nat'l Cash Register Co., 188 Kan. 571, 363 P.2d 432, 436 (1961). 18 Having concluded the Smith County court has exclusive jurisdiction, we necessarily reject application of the dominant jurisdiction doctrine because the Harris County court is not a proper forum. See Wyatt,...
Party Submissions
5.645947
6.847706
7.262584
The Eastland court of appeals also followed the Cockerham rule in Reaves. Reaves v. Reaves, 2012 WL 3799668 (Tex. App.—Eastland 2012, no pet.). That case involved the transfer of an annuity owned by wife prior to marriage. In the process of financial planning, husband and the financial planner conspired to cause wife t...
Party Submissions
5.101884
5.471272
5.482365
To the Honorable Court: The Texas Municipal League (TML) is a non-profit association with a membership of over 1,170 Texas cities. TML provides legislative, legal, and educational services to its members. The Texas City Attorneys Association (TCAA), an affiliate of TML, is an organization of over 500 attorneys who repr...
Party Submissions
4.297444
4.354427
4.537291
Here, the court of appeals found that this case alleged a departure from the accepted standards of professional or administrative services directly related to health care.
Party Submissions
23.705563
25.955467
36.81634
This case is markedly different. The Amarillo Court first recognized specifically that it was required to consider the reports in their entirety. Walker, 2022 WL 17324338 at *2. Next, the Court referred to both experts’ reports repeatedly; discussed both of their opinions; and even assumed “the reports sufficiently des...
Party Submissions
9.765836
10.320754
10.353567
These opinions are a far cry from a statement that various intrapartum factors “suggest[ed] the possibility” of stroke. (CR.794) As set out at length above, neither Dr. Tappan nor Dr. Null explained why or how the alleged stroke or asphyxia event occurred, much less tied it to conduct of the nurses. The lower court har...
Party Submissions
16.789034
18.748302
18.70665
Considering the course of labor and delivery and H.W.’s condition at birth, Dr. Tappan concluded that H.W. suffered an in-utero asphyxia injury during the final hour to hour and half of labor. App. 7, CR 670-71. He believed Dr. Castillo was responsible for this result for two main reasons. App. 7, CR 670-71.
Party Submissions
8.218005
10.716197
10.784431
In addition, documents post-dating the issuance of the Comptroller General’s 21 September 2020 report do not appear prima facie relevant and material to the outcome of the dispute.
Legal Decisions
13.294591
15.189142
15.4426
R: Bueno, la medida impuesta corresponde a una medida de seguridad, es decir, es una medida que tiene por objeto evitar que se continúe generando un riesgo de daño al ambiente, los recursos naturales, derivados de las obras o actividades que se estén inspeccionando.
Party Submissions
8.936325
13.292164
11.691511
For the foregoing reasons (and those provided in Respondent’s prior written and oral submissions), Respondent respectfully requests that the Tribunal dismiss all of Claimants’ claims for want of jurisdiction or, in the alternative, on the merits, and award Respondent the costs and fees, including attorneys’ fees, it ha...
Legal Decisions
5.180367
5.359992
5.17553
Arbitration Rule 21 2.1. The Tribunal was constituted on September 6, 2023, in accordance with the ICSID Convention and the ICSID Arbitration Rules. The Parties confirmed that the Tribunal was properly constituted and that no Party has any objection to the appointment of any Member of the Tribunal.
Legal Decisions
4.496398
5.264604
5.057827
In article XVII, the parties to the Hooks/Bordages Leases adopted an entirely different framework for “Time, Method and Manner” of payment under the leases. The introductory paragraph waived Texas Natural Resources Code Sections 91.401 through 91.406 and stated they “shall not be applicable.” The parties also spelled o...
Party Submissions
15.916157
15.666642
15.705405
Finally, even if Yellowfin’s suit is not barred by any statute of limitations, it has waived its right to collect Santos’s debt.
Party Submissions
14.242337
22.842646
26.078861
Jurisdiction lies with this Court under section 22.001(a)(6) of the Texas Government Code, and sections 109.002 and 263.405 of the Texas Family Code.
Party Submissions
5.585038
6.724801
7.313515
Specifically, World Car proved that HMA required 100% sales efficiency by demanding that standard and using it to impose real consequences.
Party Submissions
123.73143
127.39901
156.94206
Although Gal ovelho’s property was never deprived completely of its economic value, we conclude that the second Penn Central factor weighs in Gal ovelho’s favor, i.e., in favor of finding a taking. See id. Galovelho’s primary investment-backed expectation for the property was to operate a full-service dine-in restauran...
Party Submissions
10.283108
12.691557
12.875985
Convention Article 43(a); Arbitration Rule 38 18.1. Witness statements and expert reports shall be filed together with the Parties’ pleadings.
Legal Decisions
14.584942
14.041458
17.169813
The requested documents are relevant and material to the outcome of the dispute in that they address the property rights of Obnova which Claimants claim were expropriated by the adoption of the 2013 DRP. As Claimants are Obnova's shareholders, the requested documents are in their possession, custody or control.
Legal Decisions
11.655353
13.408414
13.89507
After [**2] its reimbursement claim was denied under the TWCA, Sonic sought judicial review of that decision. The trial court rendered judgment in Sonic's favor, and TMI appeals the trial court's judgment (the "judicial review case") in Cause No. 14-05-00111-CV. Sonic's contract claims against TMI have remained abated ...
Party Submissions
6.032519
6.789475
6.894207
The United States objects to Request No. 1.f for the same reasons stated above with respect to Request No. 1.a.
Legal Decisions
8.477822
13.354382
14.446341
The resulting opinion conflicts with this Court ’ s jurisprudence, the jurisprudence of the other intermediate appellate courts, and Chapter 74’s plain text. Review is needed to ensure the faithful application of the TMLA and this Court’s precedent.
Party Submissions
12.256976
15.064078
15.09685
The course and scope issue also became the subject of a workers' compensation proceeding. After Tyler paid Reynaldo's funeral expenses, it sought reimbursement from its workers' compensation carrier. The carrier contested the compensability of Reynaldo's death asserting it did not occur in the course and scope of his e...
Party Submissions
6.229193
5.924054
6.493434
Dr. Tappan’s lack of qualifications and proposed opinions are no different than those in three similar cases where the appellate courts rejected obstetricians’ opinions about neurological injuries because they failed to establish their expertise to do so. In Tenet v. De La Riva, the El Paso Court of Appeals held that a...
Party Submissions
6.198731
5.941319
7.075626
Dr. Castillo disagrees with the Walkers’ Statement of Jurisdiction. The Court of Appeals did not commit any reversible error, and this case does not raise any question of law that is important to the jurisprudence of this State. See TEX. GOV’T CODE § 22.001(a).
Party Submissions
7.414938
7.847247
7.955081
For these reasons, we find that the plain language of the termination clause, containing an all-embracing termination of any and all of Backes’s obligations under the guaranty, shows the parties’ cle ar intent that completion of the historic tax credit rehabilitation of the Texaco building would bring an end to Backes’...
Party Submissions
6.334241
6.102119
6.732246
No right or obligation under, or interest in, this Agreement shall be assigned without prior written consent of both TDCC and UCC; provided, however, that TDCC may assign any part of its interest in, or any of its rights or obligations under, this Agreement to any TDCC Affiliate at any time without prior written consen...
Contract
5.148118
4.89811
6.796994
Awardee understands that the Company’s Confidential Information includes not only the individual categories of information identified in this Section, but also the compilation and/or aggregation of the Company’s information, which is and has been compiled/aggregated via significant effort and expense and which has valu...
Contract
8.969471
8.739056
9.243515
null
Legislation
null
null
null
The Motion also claims that the appellate court improperly deferred to the “trial court’s legal conclusions.” 5 However, because no findings of fact or conclusions of law were requested, there were no legal conclusions upon which the appellate court could have deferred. Instead, the appellate court correctly applied th...
Party Submissions
7.311925
7.388522
8.696626
Such tentative earnings shall not be due or payable to Subcontractor or anyone else claiming in Subcontractor's place and stead, including but not limited to Subcontractor’s surety, a Trustee in bankruptcy, receiver or assignee of Subcontractor, and will be subject to offset, until and unless Subcontractor’s Work is fu...
Party Submissions
10.318955
9.610429
10.551647
The first session of the Tribunal was held on Monday, 6 November 2023 at 6:00 a.m. (Washington, D.C.) / 11:00 a.m. (London) / 12:00 p.m. (Lagos and Paris) / 7:00 p.m. (Singapore) by video conference.
Legal Decisions
3.184548
3.265991
3.238524
Una vez que el inversionista haya iniciado un procedimiento ante un tribunal competente de la Parte en cuyo territorio se hubiera admitido la inversión o haya notificado a la otra Parte su intención de iniciar cualquiera de los procedimientos arbitrales indicados en el Artículo 12.18 (5), la elección de uno u otro ...
Legal Decisions
6.142223
10.175448
8.113117
In short, HSMiller did not meet its burden of showing either prong of gross negligence by clear and convincing evidence, and there is legally insufficient evidence to support the jury’s gross negligence verdict. The Court can and should render a take nothing judgment on the gross negligence claim against the Lawyers. S...
Party Submissions
7.716738
8.07513
8.874061
McCarthy its monthly Subcontractor’s Application for Payment by the date established by McCarthy, McCarthy may at its option include in its monthly pay application to the Owner for Work performed during the preceding month such amount as it may deem proper for the Work of Subcontractor for the preceding month and Subco...
Party Submissions
9.129399
9.366323
9.976537
The proportionate responsibility chapter, Tex. Civ. Prac. & Rem. Code Ann. ch. 33, does not apply to an action to collect workers' compensation benefits under the workers' compensation law of the state of Texas (Subtitle A, Title 5, Labor Code). Tex. Civ. Prac. & Rem. Code Ann. § 33.002(c)(1) (West 2020).
Party Submissions
3.554324
3.975359
3.832328
Oncor contends that §1.111(e) agreements do not preclude section 25.25(c) motions, but only section 25.25(c-1) and (d) motions. The argument rests on the fact that section 25.25(c-1) and (d-1) prohibit corrections under sub-sections (c-1) and (d) when an agreement has been reached on value, but no such language exists ...
Party Submissions
7.091734
7.560515
7.510281
I certify that the foregoing petition for review is in compliance with the Texas Rules of Appellate Procedure because it contains 4,471 words and has been prepared in a proportionally spaced typeface using Microsoft Word in 14-point Georgia font for text and 12-point Georgia font for footnotes, which meets the typeface...
Party Submissions
5.185313
5.386461
6.875795
The illegal-assignment issue was fully briefed in the trial court and at the Fifth Court of Appeals in the first malpractice trial and appeal. That court’s opinion fully addressed the issue and held against the Lawyers. Henry S. Miller, 2016 WL 4821684 at *2ؘ–3.
Party Submissions
14.840467
17.746212
17.181967
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 2. Liberty shall continue to provide to Ames continuous and adequate sewer service that complies with TWC Chapter 26, TWC § 13.041(h)(1), and 30 TAC Chapters 35 and 291 of TCEQ's rules; 3. This Order shall expire in 120 days, unless extended; 4. Pursuant to TWC § 5.504, the Com...
Party Submissions
6.705388
5.702079
6.441863
What is the amount, if any, by which the judgment actually rendered in the Underlying Lawsuit exceeded the judgment that would have been rendered but for the negligence you have found on the part of the Terry Defendants?
Party Submissions
10.427486
13.890754
13.023688
Terry designated Defterios, HSMiller and Diamond State as RTPs in both malpractice trials. (CR275, 885; 11RR191-99, 214-24) Before the first malpractice trial, Diamond State settled with HSMiller. (CR337) The jury was asked to determine the percentage of responsibility of all three in the first trial. (CR885) In the re...
Party Submissions
6.470018
6.548461
6.964569
This Court ultimately held that despite the presence of a fee-splitting provision in In re Poly-America agreement, the claimant did not “demonstrate[] that the ability to pursue his claim in the arbitral forum hinge[d] upon his payment of the estimated costs; to the contrary, depending upon the circumstances, [the clai...
Party Submissions
13.576959
14.033831
14.828512
Galovelho argues that this Bruen test now applies to any government regulation of a constitutional right. Because the Texas constitution purportedly protects against the type of conduct he challenges, Galovelho contends that appellees “ must demonstrate there is a valid, constitutional, and historical basis for their a...
Party Submissions
9.927121
10.096356
10.794103
Claimant’s contingency fee arrangement already since June 2022. The Respondent has failed to discharge its burden of proof regarding urgency.
Legal Decisions
22.709139
17.851622
24.053434
The Tribunal concurs with their view that the applicable law is to be found in Article 25 of the ICSID Convention and Article IX of the BIT, the provisions of which are to be interpreted in accordance with the rules of international law respecting treaty interpretation. Those rules are generally considered to have been...
Legal Decisions
5.019921
4.778441
5.262315
Finally, the Walkers complain that the Court of Appeals also erred in requiring that the experts should have explained why one of the allegedly negligent acts was not “too attenuated” to H.W.’s harm. (Pet. Br. at 27). The problem with the Walkers’ argument is that both Dr. Tappan and Dr. Null claim H.W. sustained an in...
Party Submissions
11.328181
11.99171
12.764037
The Arbitral Tribunal considers that the documents sought under this request are included in Request 1.a and no decision is therefore made.
Legal Decisions
25.8679
30.320728
37.255703
In the event that a judgment is obtained and recovered through the bankruptcy court against the settling defendant, then this Court has held that recovery would be applied as a credit against the plaintiff’s judgment against the separate, jointly-liable tortfeasor. Quinney Elec., Inc. v. Kondos Entm’t, Inc., 988 S.W.2d...
Party Submissions
6.063376
5.996099
6.239491
The United States objects to Request No. 3.i for the same reasons stated above with respect to Request No. 3.a.
Legal Decisions
9.046106
13.500893
16.311207
As noted below, the fact of third-party funding from external funders is not prohibited, whether via a contingency agreement or funding by a funder.56 In the past, contingency arrangements did not require disclosure, so there are no cases of disclosure of such otherwise privileged arrangements. The existence of a conti...
Party Submissions
13.836111
13.364781
14.702453
The very purpose of a front-end jurisdictional inquiry is to avoid subjecting an entity with immunity, such as Midland, from the process and expenses of litigation when there are no facts that give rise to jurisdiction. Following Midland’s Plea to the Jurisdiction in which Midland provided evidence establishing that it...
Party Submissions
6.165427
6.287509
6.43152
The characterization of property as either community or separate is determined by the inception of title to the property. Boyd v. Boyd, 131 S.W.3d 605, 612 (Tex. App—Fort Worth 2004, no pet). Inception of title occurs “when aparty rst has aright of claim to the property by virtue ofwhich title is nally vested.” Id. The...
Party Submissions
8.411721
9.523512
8.715241
But the Section 29(7) exception to collateral estoppel is not appropriate because (1) any non-party exception does not apply, in light of what Samson did to sever this Bordages case from Hooks and the subsequent intertwined history of the cases (with one lease in both cases) and (2) the policy purposes of the Restateme...
Party Submissions
22.877714
21.766636
26.504068
The jury erred when it terminated A.S.’s parental rights to R.W. based upon grounds (D), (E), (F), (N) and (O) of subsection 161.001(b)(1) of the Texas Family Code. Likewise, termination of A.S. ’s parental rights was not within the best interest of R.W.
Party Submissions
6.033988
6.369354
6.09618
Business Day or, in the case of investment allocations received after a time specified by the Committee, the next Business Day, and shall be applied prospectively.
Contract
15.85
20.73515
37.00025
Dr. Donald Null, a neonatologist who has managed hundreds of patients with findings similar to H.W.’s, reviewed Dr. Tappan’s report and agreed with his conclusions. App. 9, CR 709. In Dr. Null’s opinion, H.W.’s normal fetal heart rate early in labor and his condition post-delivery (his need for resuscitation, assisted ...
Party Submissions
6.022232
6.380126
6.590268
And E.D., like this case, involved birth-injury claims brought against both a physician and a hospital. 644 S.W.3d at 667. Like the intermediate court in Abshire, the court of appeals in E.D. found the claimants’ expert reports deficient for failing, at least in the court’s view, to explain why any inferences drawn fro...
Party Submissions
4.82908
5.009592
5.142212
The Lawyers say there is no collateral attack because they were not parties to the bankruptcy court proceedings. Lawyers’ Brief at 45.
Party Submissions
15.030692
17.778233
23.001675
In the instant case, Intervenor questioned A.S. about being stopped by law enforcement and being arrested for a misdemeanor drug possession charge while pregnant. See 3 RR 41. A video, without an appropriate sponsoring witness, was admitted before the jury of A.S.’s arrest. See 3 RR 45-46. As well, the jury heard testi...
Party Submissions
10.015285
9.111267
11.272531
Documents showing the exercise of Coropi's management and control from 26 April 2012 until today, including in particular minutes of the meetings of the board of directors of Coropi during which the topic of Obnova was discussed or internal notes and communications between the shareholders and/or Coropi's directors con...
Legal Decisions
13.363918
10.682851
14.688361
The Respondent understands that this Request has been withdrawn. The Respondent reserves the right to object to any further request for these documents in due course.
Legal Decisions
12.391204
10.437552
13.697888
El Sr. Chodorow reconoció abiertamente este hecho durante su contrainterrogatorio: Q. Okay. There is no information on file about the availability of the type of transportation facilities or means available at each of VMC's production facilities and distribution yards in the U.S.; correct? A. (Mr. Chodorow) That's cor...
Party Submissions
7.035422
9.459542
8.602191
Any and all documents relied upon to estimate implementation costs of the 2013 DRP presented in the Concept of the 2013 DRP prepared in 2010 (submitted as exhibit C-330).
Legal Decisions
17.240494
17.373022
18.682201
Contractors Pollution Liability coverage is written on a Claims Made basis, the Certificate of Insurance will clearly so state. In addition to the coverage specifications listed above, such policy shall provide, and the Certificate of Insurance will list, that the retroactive date coincides with or precedes Subcontract...
Party Submissions
9.925921
7.356621
10.722415
Time of Election. The date on which a modification election is submitted to the Committee must be at least twelve (12) months prior to the date on which payment is scheduled to commence under the Payment Schedule in effect prior to the modification.
Contract
6.588235
7.912857
9.855241
The Martinez Family contends that the district court could lift the abatement because the DWC order is void for want of jurisdiction in absence of a pending claim. We have already rejected the Martinez Family's jurisdictional theory rooted in a distinction between potential claims and pending claims. The Martinez Famil...
Party Submissions
8.422646
9.016046
8.943125
There are four very different versions of what Mann was doing on morning of his accident. One version is that he was crossing Up River Road on his way back to his personal vehicle, for personal reasons. 17 The second version is that he was on the side of the road gathering drinks for the other workers that he supervise...
Party Submissions
11.849041
12.422646
13.334682
Annotations This Section cited in 28 TAC § 42.105, (relating to Medical Fee Guideline); 28 TAC § 133.304, (relating to Notice of Medical Payment Dispute); 28 TAC § 134.1000, (relating to Mental Health Treatment Guideline).
Party Submissions
7.058867
7.332791
7.0092
As to the second through fourth Dow factors, Midland affirmatively proved that it did not have the authority, obligation, or control over the disposal of the Contaminants. Carl Craigo, Midland’s Director of Utilities, is the person responsible for the permitting and files regarding past and present permits or authoriza...
Party Submissions
13.341414
14.63446
14.873656
Bay has cited numerous cases in its reply brief holding that the “passive receipt” doctrine survived Heldenfels, or have at least recited the “passive receipt” standard as the law. Bay Reply BOM at 11-12 & n.1. This Court should take the opportunity to define “undue advantage,” officially adopt the passive receipt doct...
Party Submissions
9.501493
9.722243
10.355762
SuppCR14, 21. Samson argued severance would “promote judicial economy and efficiency” (SuppCR7). Samson identified issues common to the cases, including what it called Claim 6: “Most Favored Nations Claim/Late Charges (‘Tract 4/14 Lease’).” Samson pressed for severance of those identical claims, assuring the court that...
Party Submissions
16.257599
18.352087
18.775034
TMI contends the cases relied on by Sonic are inapposite because a workers' compensation claim is at issue in this case. Relying primarily on American Motorists Insurance Co. v. Fodge, 63 S.W.3d 801, 45 Tex. Sup. Ct. J. 122 (Tex. 2001), and In re Tyler Asphalt & Gravel Co., 107 S.W.3d 832 (Tex. App.-- Houston [14th Dis...
Party Submissions
5.819627
6.067388
6.368601
Claimants also allege that Coropi exercised control over and directed the business decisions of Kalemegdan, and indirectly Obnova. In particular, Claimants refer to the so-called letter of instruction dated 26 April 2012 and the two trust deeds dated 26 April 2012 and 12 August 2012, which purport to give Coropi contro...
Legal Decisions
7.736303
7.930536
8.550344
In adecree of divorce or annulment, the court shall determine the rights of both spouses in apension, retirement plan, annuity, and bonus, among other things. See TEX. FAM. CODE ANN. §7.003. Generally, personal earnings are community pr0perty if earned during marriage. See Williams v. Williams, 246' S.W.3d 207, 21 5 (T...
Party Submissions
6.494929
6.809237
7.204551
On January 14, 2021, the Oklahoma court denied McCarthy’s motion to dismiss and ordered McCarthy to answer the lawsuit; McCarthy answered the Oklahoma case and asserted counterclaims against MVP on January 29, 2021.
Party Submissions
6.576544
6.711597
7.339524
The treatment referred to in paragraph 1 of this Article shall as a minimum not be less favourable than that which is granted with regard to investments by investors of any third state.
Legal Decisions
9.915648
8.274026
11.942193
Here, the evidence shows that Husband owned his home before the current marriage as a result of prior divorce proceedings. (6RR D 754– 760). The house was titled solely in Husband’s name and under the inception of title doctrine was unquestionably Husband’s separate property. (5RR 38:14–21). During the marriage, the pa...
Party Submissions
5.942967
6.029873
6.601528
S.W.3d 231, 239 (Tex. 2016) (quoting Kirby Lake Dev., Ltd. v. Clear Lake City Water Auth., 320 S.W.3d 829, 841 (Tex. 2010).
Party Submissions
3.507008
4.200554
5.048914
The decision on review shall set forth: (i) the specific reason or reasons for the denial; (ii) specific references to the pertinent Plan provisions on which the denial is based; (iii) a statement that the Claimant is entitled to receive, upon request and free of charge, reasonable access to and copies of all documents...
Contract
2.407232
2.86634
3.264966
Claimant s’ Memorial on the Merits Friday, 1 March 2024 Respondent’s Identification of Preliminary Objections and Request for Bifurcation Friday, 12 April 2024 Claimants’ Response to the Request for Bifurcation Friday, 24 May 2024 Tribunal’s Decision on Bifurcation Friday, 21 June 2024 Respondent’s Memorial on Jurisdic...
Legal Decisions
3.798389
3.776756
3.939097
The court of appeals also committed an error of law by holding Petitioners cannot bring a premises defect claim where there is no physical defect, which is an issue of such importance to the state’s jurisprudence that it should be corrected. See TEX. R. APP. P. 56.1(a)(5). Finally, this Court has not yet decided whethe...
Party Submissions
7.094857
8.546744
7.806476
These documents were co ntained in hardcopy or electronic files on computers, phones, hard drives and/or USB keys belonging to the Claimant that were seized by the Respondent either during his arrestation or his detention and not returned to the Claimant since then. The requested information is therefore within the pos...
Legal Decisions
13.390581
13.452183
14.155488
The number of Restricted Stock Units, vesting schedule of the Restricted Stock Units, and Award Date with respect to this Award, all of which are accessible to you through your brokerage account with the Company’s designated brokerage firm (“the Designated Broker”), are hereby incorporated into this Agreement by refere...
Contract
8.267981
7.665128
8.474465
Synopsis Employee brought action against employer alleging bad faith denial of reasonable and timely workers' compensation benefits. The 225th Judicial District Court, Bexar County, John J. Specia, Jr., J., granted summary judgment to employer. Employee appealed. The San Antonio Court of Appeals, Green, J., 21 S.W.3d 4...
Party Submissions
5.496981
5.400754
5.488665
But while the facts here stem from the sanctions case, as explained in more detail below, this case is different, cleaner, less complicated, and deserving of another look. This case raises important statutory and common law questions of first impression unrelated to the sanctions case.
Party Submissions
15.217662
17.701347
18.466635
Before this Court stayed all proceedings below during the pendency of the petition for review, the parties—including Rafiei—were participating in discovery in the trial court.1 The Court knows that because Rafiei argued that he wanted to continue with discovery. Rafiei’s Response to Appellant’s Motion to Stay Trial Cou...
Party Submissions
9.018791
11.572508
11.314844
Possession 1. The fact of having or holding property in one's power; the exercise of dominion over property. 2. The right under which one may exercise control over something to the exclusion of all others; the continuing exercise of a claim to the exclusive use of a material object. 3. Civil law. The detention or use o...
Party Submissions
7.233634
7.851753
7.349293
First : MVP’s argument hinges on the hope that this Court does not review the record. While MVP’s brief trumpets “waiver” on almost every page, the record does not support this argument—or the court of appeals’ waiver holding. Unlike the cases relied on by MVP (discussed below), RLB never once conceded that the MCC’s f...
Party Submissions
8.655294
8.358414
9.045674
Mexico’s obligations toward First Majestic, the Tribunal does not need to deal with the Claimant’s procedural arguments referred to in para. 48 above.
Legal Decisions
18.761887
25.710333
28.003521
To require the Comptroller General of the United States to conduct a study on the impacts of seasonal and nonresident homeownership on data collected by the Bureau of the Census, and for other purposes.
Legislation
5.408366
5.419417
5.205791
This renders Resolution No. 141 a “measure taken in wilful disregard of due process and proper procedure ”, which is another articulation of arbitrariness according to EDF v. Romania ’s definition.
Legal Decisions
30.42705
35.08436
36.97436
Weatherford now asks the Court to bypass the jurisdictional and definitional deficiencies upon which the Court of Appeals correctly dismissed Weatherford’s claims, and instead focus on statutory interpretation that is not ripe for analysis in the absence of underlying jurisdictional facts. There is no deviation from th...
Party Submissions
10.497941
10.664004
10.932384
This document is current through the 2023 Regular Session; the 1st C.S.; the 2nd C.S.; the 3rd C.S. and the 4th C.S. of the 88th Legislature; and the November 7, 2023 election results.
Party Submissions
4.423625
3.996976
5.107457
Citing De La Riva and Alonzo, among others, the court held the pathologist was not qualified. Id. Although he was “undoubtedly an experienced pathologist, [] there is nothing in the report or curriculum vitae explicitly addressing whether, or how, his vast experience as a pathologist qualifies him to opine on whether a...
Party Submissions
12.065375
11.562069
13.425122
Perú ,239 Abaclat c. Argentina240 y SGS c. Paraguay241 para concluir que la jurisprudencia internacional ha establecido elementos que ilustran el tipo de actuaciones soberanas por parte de órganos o entidades estatales, que van más allá de un rol puramente contractual respecto de los inversionistas y sus inversione...
Legal Decisions
3.004178
3.527649
3.118938
This conclusion of law contains both a conclusion of law that “a ny and all of Backes ’ s obligations as Guarantor under his Repayment Guaranty have terminated and been discharged pursuant to the Termination Clause ” and a finding of fact that “‘ construction and completion of the historic tax credit rehabilitation of ...
Party Submissions
11.476489
11.715564
12.039734
In public international law, the doctrine of estoppel protects legitimate expectations of States induced by the conduct of another State. The term stems from common and Anglo-American law, without being identical with the different forms found in domestic law. It is supported by the protection of good faith (bona fide)...
Legal Decisions
8.169266
9.006425
8.453819