The arbitrator stated that the award document had not included any amount for case-evaluation sanctions and that, in fact, he had not even known the results of the case evaluation until after issuance of the awards.
Browse Our Blog for Knowledge on How to Protect Yourself Legally and to See Examples of How We've Achieved Results
Posts in the Litigation category:
BUSINESS LAW 9: The open term “best efforts” did not prevent an agreement from being formed due to a lack of a meeting of the minds.
If defendant was concerned about placing any limitations on the performance necessary to satisfy this obligation, he should have included that limitation in the agreement.
At arbitration, plaintiff presented a counter claim and alleged that defendant had abandoned the contract, leaving significant portions of the commercial building uncompleted, and further, refused to return to complete the work or perform corrective work.
When an employer terminates its pension plan, ERISA liability does not end with the company that actually promised pension payments. Instead, a trade or business under common control of the employer is treated as part of the employer and so incurs liability under ERISA.
Plaintiff primarily contends that the arbitration panel’s majority incorrectly found that plaintiff bore the burden of proof.
REAL ESTATE 17: To sustain a breach of contract, plaintiff must show that the other party breached the contract, not that it will breach the contract.
Plaintiff failed to properly allege a cause of action for breach of contract, plaintiff’s claim for injunctive relief necessarily fails. An injunction is an equitable remedy rather than an independent cause of action. It is not the remedy that supports the cause of action, but rather the cause of action that supports a remedy. Thus, without a cause of action, injunctive relief is not warranted, and the trial court did not abuse its discretion in denying plaintiff further injunctive relief.
Despite the Release of Claims unambiguous terms, defendants filed complaints against plaintiffs with the Department of Licensing and Regulatory Affairs (LARA). Plaintiffs responded by filing a lawsuit.
The making of repairs and improvements necessary to the effective enjoyment of an easement is incidental to and part of the easement. Improvements, however, receive closer scrutiny than repairs.
It is not enough for a defendant to announce a position or assert an error and then leave it up to the Court to discover and rationalize the basis for his/her claims and then search for authority either to sustain or reject his/her position.
If a party fails to comply with a court order, upon motion by an opposing party, the court may enter a default against the noncomplying party.
An easement may be lost through abandonment. An easement is abandoned when the owner of the easement relinquishes it with the intention of releasing his or her right to the easement. Nonuse of the easement alone does not result in abandonment of the easement.
Defendant appeals his conviction of unlicensed residential builder. The trial court sentenced to 18 months’ probation, and $6,300 in restitution.
Holding that the uneven pavement on which the plaintiff tripped and fell was open and obvious as a matter of law, the court affirmed the trial court's order granting the defendant summary disposition in this premises liability action.
Plaintiff fell when exiting defendant's store, tripping on "what she described as 'uneven' pavement." The court noted that she made no effort "to identify any unique circumstances that would render such an open and obvious condition unreasonably...
Agreeing with defendant-Allstate that the trial court erred in granting plaintiff-Ruben's motion for relief from the final judgment's no-appeal provision, the court vacated the portion of the order granting Ruben relief, and remanded.
Intervening plaintiff-Badgett was entitled to no-fault benefits from Allstate. After a "jury trial involving a dispute over Ruben's charges to Allstate for medical services and products provided to Badgett, the parties entered into a final judgment...