SCOTUSBlog

AUGUST 18, 2021

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Group asks Supreme Court to block construction of Obama library in historic Chicago park (Pete Williams & Dartunorro Clark, NBC News). The post The morning read for Wednesday, Aug.

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SCOTUSBlog

NOVEMBER 25, 2022

Share Over the past 40 years, the Supreme Court has repeatedly expressed concern about the breadth of federal criminal prosecutions under the mail and wire fraud laws. The court’s decisions have narrowed the scope of federal power, particularly in recognizing the right of state and local governments to operate without undue federal influence.

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Patently O

MAY 30, 2024

United States does focus on counterfeiting coins as well as implied contracts with the Federal Government. The Portland Mint then sued the government in the Court of Federal Claims, arguing it was entitled to payment for the genuine portion of the coins under the terms of the regulation and an implied contract.

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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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Mondaq

JULY 5, 2022

In Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP, the Court of Appeal recently determined that a collateral warranty, signed four years after completion, was a construction contract that applied retrospectively,

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Construction Contract Healthcare Court 40

JURIST

SEPTEMBER 21, 2022

Ireland Tuesday filed a declaration of intervention in the Registry of the Court in the International Court of Justice (ICJ) in the case of Ukraine v. Under Article 63 of the Statute of the Court , states may intervene in the proceedings if the outcome will bind them. Russian Federation.

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SCOTUSBlog

MARCH 21, 2023

More than a century ago, the Supreme Court held in Winters v. More recently, the court in United States v. Jicarilla Apache Nation held that a tribal nation suing the federal government for breach of trust must point to contract or treaty language explicitly establishing a right. Justice Elena Kagan framed the issue differently.

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SCOTUSBlog

DECEMBER 17, 2020

The Supreme Court decided Texas v. Texas filed the case directly in the Supreme Court, invoking the court’s original jurisdiction in cases where one state sues another … just as it did on Dec. Based on this exchange, the court agreed with the river master that the water had been stored in Brantley at Texas’ request.

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Conflict of Laws

MARCH 24, 2025

By Adeline Chong, Singapore Management University Introduction In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements.

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Patently O

AUGUST 14, 2023

The district court sided with Apple on summary judgment, finding no infringement. Although the parties had agreed to the construction of the “unique user code” term, they disagreed over the construction-of-the-construction. ” rather than the device itself. ” Slip Op.

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LexForti

JUNE 7, 2023

In this post, understand how Specific Performance of Contract can protect your contractual rights in India. This comprehensive guide unravels the complexities of Specific Performance and its role in the enforcement of contracts. Is there a way to enforce the original terms of the contract? ’ What is Specific Performance?

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Contract Cause of Action Contract Law Legal 52

SAV Paralegal Services

JUNE 14, 2021

While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal. Such layoffs are not to be treated as constructive dismissal. In Coutinho v. Ocular Health Centre Ltd.,

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Construction Paralegal Services Laws Paralegal 52

Gravel2Gavel

MARCH 21, 2022

Although the contract in question was not a construction contract, the decision is equally relevant in the construction sphere. Zabielski and Julia Kalinina Belcher. This approach was held to reflect “commercial reality and the accepted function of liquidated damages.” Continue Reading ›.

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At the Lectern

APRIL 26, 2023

Tomorrow morning, the Supreme Court will file its opinions in Tansavatdi v. A week after granting review in Tansavatdi in April 2021 , the court limited the issue to: “Can a public entity be held liable under Government Code section 830.8 City of Rancho Palos Verdes and Davis v. Fresno Unified School District. design immunity?”

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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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Mondaq

SEPTEMBER 13, 2021

The High Court has ruled in Kevin O'Donovan and Cork GAA v Dr. Bunni, James Bridgeman, and OCS One Complete Solution Ltd, which concerned the question of whether an adjudicator had jurisdiction to hear a dispute referred under the Construction Contracts Act 2013.

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Day on Torts

AUGUST 15, 2022

The Tennessee Supreme Court has agreed to review two new cases, Commercial Painting Company Inc. Commercial Painting addresses the applicable of the economic loss doctrine in a construction project and an attorney’s fee award issue. 68-11-1801 to -1815, and arbitration agreements in nursing home contracts. Code Ann. §

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Paralegal Bootcamp

APRIL 8, 2022

For instance, commercial litigation paralegals can benefit from CLEs explaining the methods of determining the appropriate type of business organization or drafting contracts. Museum exhibits and podcasts personalize significant court cases or legal developments such as the evolution of labor or environmental laws.

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Paralegal Paralegals Education Real Estate 246

SCOTUSBlog

NOVEMBER 3, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. A list of all petitions we’re watching is available here.

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Conflict of Laws

AUGUST 18, 2024

By Dr Benjamin Hayward Associate Professor, Department of Business Law and Taxation, Monash Business School X: @LawGuyPI , @MonashITICL On 7 August 2024, the High Court of Australia handed down its long-awaited decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24. Interestingly, the fact that Art.

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Laws Court Contract Construction 78

At the Lectern

APRIL 27, 2023

” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit. ” Because the agreement is not such a “contract,” a challenge to it need not be brought under validation statutes with their very short time limit.

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Above The Law

MARCH 31, 2025

Too many people with legitimate causes cant get their day in court because they cant afford a lawyer, he said. He encouraged firms to embrace alternative pricing models, likening them to bidding processes in construction. But it wasnt just about solving logistical problems. We need to think in terms of milestones and change orders.

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Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. 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. The ship is registered in Bermuda.

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Contract Laws Court Statute 72

Paralegal Bootcamp

JULY 27, 2023

If not, I can call that staffing agency to get a contract attorney to help out. Thing of a project manager on a construction site. I actually worked in construction litigation for many years and learned so much from how they managed construction projects. It was the new associate who was also there in court with us.

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Conflict of Laws

APRIL 13, 2023

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. One such issue is limitation.

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Paralegal Bootcamp

APRIL 15, 2022

Or do you prefer close-to-home, no-traffic drama and being out of the midst of the major law firms and courts? Her areas of expertise included multi-district litigation, such as the Dalkon Shield, L-Tryptophan, and Breast Implant cases, as well as in construction law. That will dictate the “where.”

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Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

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Court Construction Contract Laws 69

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 court held that Congress had not done so. The case, United States v.

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Laws Government Construction Statute 104

ClimateChange-ClimateLaw

JUNE 22, 2021

Circuit ruled in favor of the Environmental Defense Fund in its challenge to the Federal Energy Regulatory Commission’s decision making on the Spire Pipeline, holding that FERC requires more than private, self-dealing contracts to find public need to build fossil fuel pipelines.

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JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. 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. ” She was then denied the contract. In NAACP v. Claiborne Hardware Co.

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Court Rules Contract Laws Court 52

SCOTUSBlog

APRIL 16, 2021

On Monday, the Supreme Court will hear argument on that question in Yellen v. Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. A federal district court in D.C. Confederated Tribes of the Chehalis Reservation.

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Government Contract Statute Education 122

Mondaq

SEPTEMBER 9, 2022

There is a distinct procedure, when enforcing a statutory entitlement to progress payments under construction contracts.

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Day on Torts

FEBRUARY 2, 2023

Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. At issue here was Tenn. Code Ann. § Continue reading

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LDA PRO

DECEMBER 6, 2021

The “Right to Quiet Enjoyment,” or the right to use and enjoy the property they are renting without interruption, implied in every rental contract in Sacramento and all fifty states – whether it is written or not. Every tenant entitled to peace and quiet.

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Conflict of Laws

MAY 18, 2021

The article demonstrates that the current contracting practice is unbalanced and inefficient. The duties of care of a sponsor under contract and/or tort law are also determined by the degree of control exercised by a sponsor and the economic dependence of the athlete on the sponsor. It entices athletes to take unreasonably high risks.

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Contract Law Contract Construction Sports 52

Conflict of Laws

OCTOBER 23, 2023

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Many passengers contracted COVID-19; some died. The company is incorporated in Bermuda.

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Laws Contract Statute Construction 59

LegalTalkNetwork

SEPTEMBER 3, 2019

Immigration Courts and Due Process. Tips for Construction Litigation. The Space Industry and Government Contracts. United States , a Supreme Court case upholding the internment of Japanese-Americans during World War 2. Immigration Courts. ABA Annual Meeting 2019: Practice Tips for Construction Litigation.

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