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Contracts are the backbone of commerce, but they often create friction, delay, and unnecessary expense. Heres what we learned about why standard contracts matter and how they can reshape the way we do business. The concept of standard contracts isnt new. Jake sees standard contracts as the free lunch of legal innovation.
LLC , which asks the court to determine whether a choice of law clause in a maritime contract can be deemed unenforceable due to “strong public policy.” While this case looks at choice of law in maritime contracts only, the court’s decision could have broader effects on contract law in the future, specifically with choice of law provisions.
For the readers who decided to continue past my opening paragraph, Great Lakes Insurance falls within the admiralty power of the federal courts, which authorizes the federal judiciary to articulate a federal common law for maritime contracts. Great Lakes Insurance involves a maritime insurance contract.
It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. The ABA Journal is read by half of the nation's 1 million lawyers every month.
The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. In this case, for example, a European insurance company insured a yacht owned by a Pennsylvania company.
Contracts are the backbone of commerce, but they often create friction, delay, and unnecessary expense. Heres what we learned about why standard contracts matter and how they can reshape the way we do business. The concept of standard contracts isnt new. Jake sees standard contracts as the free lunch of legal innovation.
It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. The ABA Journal is read by half of the nation's 1 million lawyers every month.
It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. The ABA Journal is read by half of the nation's 1 million lawyers every month.
A US federal judge in Florida ruled on Thursday that the Federal Trade Commission’s (FTC) impending ban on non-compete clauses in employment contracts is likely unlawful and enjoined it. ” In a later win for the FTC, however, a federal judge in Pennsylvania ruled that the non-compete ban is lawful.
A Pennsylvania debt collection company accused of trying to bribe Illinois officials for contracts will not face prosecution if it meets certain conditions over two years, federal officials announced Tuesday while also saying the company's ex-CEO pled guilty in a separate deal.
A Pennsylvania federal judge has trimmed a lawsuit claiming Rite Aid misused a design firm's font for a new logo, but has left alive claims of unjust enrichment and breach of contract against the pharmacy chain.
The nurses were working for the jail’s contracted medical provider, Pennsylvania-based PrimeCare Medical, Inc. Because of the unsanitary conditions in the cell, the baby developed a type of staph bacteria infection that is resistant to many antibiotics.
The Pennsylvania House of Representatives introduced House Bill 1886, legislation amending Act 164 of 1970, which relates to Indemnification Agreements in certain contracts.
million in attorney fees and costs to a $34,224 judgment in a contract dispute between a father and son over ownership of a manufacturing company, a Pennsylvania appeals court ruled Friday. A suburban Philadelphia court clerk exceeded their legal authority when adding more than $1.37
Pennsylvania Bar Association Formal Opinion 2020-300 (April 10, 2020). Pennsylvania Bar Association and Philadelphia Bar Association, Joint Formal Opinion 2021-100 (March 2, 2021). Issues addressed: Working remotely. Issues addressed: Withdrawing from representation due to fear of COVID-19. 2, 2020). Working out of state.
Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.
A group of consumers is suing Dick's Sporting Goods, Best Buy and other major retailers in a Pennsylvania federal court for contracting with a consumer reporting agency they claim invaded their privacy and violated state and federal laws.
The Western District of Pennsylvania recently granted an insurer's motion to dismiss claims asserted against an insurance adjuster after finding that the insured could not maintain breach of contract or bad faith claims against the insurance adjuster.
Activists allege that Berks County's commissioners have refused to inform of the public of their plans to use the facility as part of a mysterious federal contract.
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.
District Court for the Eastern District of Pennsylvania sided with Le Tote, holding that it “appropriately pled a claim for misappropriation of trade secrets under both the federal Defend Trade Secrets Act and its Pennsylvania state law analogue,” despite Urban’s argument that the 9-year-old fashion rental company failed to make its case. .
A jailed former bottling executive's second chance at filing a breach of contract claim against his defense attorneys was his last after a Pennsylvania federal judge threw out the complaint for failing to state a claim.
A New Jersey and Pennsylvania bistate commission handling a Delaware River bridge project went beyond its powers when it mandated that contractors make project labor agreements with specific unions in order to bid on the construction contract, a Garden State appeals court ruled Tuesday.
Great Lakes went to federal court in Pennsylvania, seeking a ruling that the insurance policy was invalid. But the district court dismissed the three counterclaims that were based on Pennsylvania law. And when that principle is applied, it contends, the choice-of-law provision in its contract with Raiders Retreat is enforceable.
” And before that, Olaplex filed suit and then landed a $66 million win in the trade secret suit that it filed against L’Oreal in January 2017, in which the haircare startup accused the beauty titan of pilfering confidential information about its products during potential M&A discussions for a deal that never came to be.
The proposal is a broad one, proposing to prohibit any agreement that has the same effect as a noncompete agreement, including broad nondisclosure agreements that would preclude a worker from working in their field at a new company, or contract clauses that require an employee to repay a company for training costs if the employee leaves the company.
It marks a major victory for states that seek to innovate or tinker with their election laws — to expand them or to contract them. States will have ample freedom to innovate, to expand opportunities to vote, and, if they see fit, to contract them. Pennsylvania , letting state election officials’ decisions stand.
Rockefeller Technology Investments (Asia) in the California courts, considering contract terms, arbitration and litigation strategy, arbitral award and judgment recognition, and the application of the Hague Service Convention. Pennsylvania lawyers may receive CLE substantive credits for up to 7 hours. EDT each day.
DOJ has used the False Claims Act to recover more than $70 billion since 1986, much of it driven by whistleblower lawsuits and largely focused on health care and defense contracting. A federal district court in Pennsylvania granted the government’s request and dismissed the case, and the U.S.
The individuals allege they weren’t paid for all hours worked, including overtime, and that the company violated the Fair Labor Standards Act, the Pennsylvania Wage Act, and was also guilty of unjust enrichment and contract breach.
A groundbreaking study by the Rand Corporation and the University of Pennsylvania Law School makes this point. Any intrusion beyond what is necessary is inherently illegitimate. This version of well-supported defense function made the prosecutors better prosecutors. Heaton was a co-author of the Rand/Penn study.).
April 3 is also the deadline by which radio and television stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas with employment units of five or more full-time employees must upload Annual EEO Public File Reports to station online public inspection files.
Although he currently lives in Virginia, he sued Norfolk Southern (a company then incorporated and based in Virginia) in state court in Pennsylvania, asserting claims under the Federal Employers’ Liability Act (FELA). The five Justices agreed that the Supreme Court has never overruled Pennsylvania Fire and that it thus controls this case.
Headquarter ed in Pennsylvania , Kepro partners with federal and state government-sponsored health plans, providing quality reviews, assessments and care management services and solutions primarily for Medicare and Medicaid recipients. . We ’re willing to see what others do first and what facts we need to rely on.” .
” The bigger surprise, he says, was the contract with a large Fortune 500 company in April to support call center staff—another unforeseen in a crisis marked by its unpredictability. “Airespring’s customer base consists of businesses, so its total call volume in March was somewhat down,” Rummelsburg explains. Still dialed in.
Then, every two months thereafter, stations in another group of states files applications, until April 1, 2014 when radio stations in Pennsylvania and Delaware bring the radio renewal cycle to a close. We have written about this requirement before (see our posts here and here ).
Throughout the course, the special nature of cross-border employment was acknowledged and the participants were acquainted with the concepts of triangular contracts, weaker-party protection, International Labour Organisation, the ‘decent work’ objective, etc.
For example, California, Georgia, Michigan, Pennsylvania, New York, Texas, and Wyoming have enforced arbitration provisions for lawyers. 2015) (arbitration provisions in attorney-client employment agreements enforceable like any other contract); Watts v. States Enforcing Arbitration Provisions. Lopez , 467 S.W.3d 3d 494, 504-505 (Tex.
This has immense significance regarding the security of contracts, enforcement of obligations, and overall predictability of solutions on these issues. For example, a court may be called upon to interpret contracts and commercial transactions on religious and customary interests. 11] In Great Lakes Insurance SE v.
Here, for example, a foreign insurance company insured a yacht owned by a Pennsylvania company. Although neither party to the contract is from New York, the insurance contract selected New York law, as these contracts typically do. But other than Kagan’s comments, most of the argument was smooth sailing for the insurer.
5] Article 1 of the Sherman Act Article 1 of the Sherman Act has long held, “[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.” [6] 16] However, there is a split on this issue, such as in Piazza v.
The Philadelphia Inquirer reports just 22 percent of Pennsylvania Department of Corrections guards were vaccinated as of mid-June, according to voluntary department reports. But over 75 percent of the people incarcerated in Pennsylvania’s 24 state prisons have received their shots.
Mallory sued the railroad in a state court in Pennsylvania, seeking to hold the company liable for his exposure to asbestos and other toxic chemicals that he says caused his cancer. The state court rejected Mallory’s contention that the company had agreed to be sued in Pennsylvania when it registered to do business in the state.
10] In addition, crypto enables decentralized finance (DeFi), an “open, permissionless, and highly interoperable protocol stack built on public smart contract platforms, such as the Ethereum blockchain.” [11] The SEC has consistently maintained that ICOs are investment contracts, and thus securities, because they pass the Howey test. [16]
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