Cashman Equipment Co. V. West Edna Assocs., 132 Nev. Adv. Op. 69 (Sep. 29, 2016),
2016
Nevada Law Journal
Cashman Equipment Co. V. West Edna Assocs., 132 Nev. Adv. Op. 69 (Sep. 29, 2016), Andrew Hart
Nevada Supreme Court Summaries
The Court determined that (1) NRS 108.2457(5)(e) precludes enforcement of an unconditional release from a bottom-tiered contractor to a higher-tiered contractor, when the higher-tiered contractor properly paid the middle-tiered contractor, but the middle-tiered contractor failed to pay the bottom-tiered contractor; and (2) that equitable fault analysis may not be used to reduce an award in a mechanic’s lien case.
Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel,
2016
Fulton County Superior Court, Judge
Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South,
2016
Fulton County Superior Court, Judge
Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Public Responsibllities Beyond Consent: Rethinking Contract Theory,
2016
Maurice A. Deane School of Law at Hofstra University
Public Responsibllities Beyond Consent: Rethinking Contract Theory, Leon E. Trakman
Hofstra Law Review
No abstract provided.
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
Nevada Law Journal
Arbitration agreements coupled with class-action waivers and other onerous provisions have become common in employment, consumer, and other transactions. The Supreme Court’s decisions enforcing such agreements have encouraged their use. Scholars have largely critiqued the Court’s decisions.
This article finds that the Court’s arbitration jurisprudence has not been so monolithic. Rather it has evolved through three phases. In Phase I, the Court overruled older case law and held that pre-dispute agreements to arbitrate statutory claims were enforceable pursuant to the Federal Arbitration Act (“FAA”). The Court’s rationale was that as long as the claimant could effectively vindicate the claims in …
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs, Kristen Matteoni
Nevada Law Journal
No abstract provided.
Robert L. Nix Order On Plaintiff Robert L. Nix's Motion For Partial Summary Judgment On All Of Defendant's Fraud And Misrepresentation Claims,
2016
Fulton County Superior Court, Judge
Robert L. Nix Order On Plaintiff Robert L. Nix's Motion For Partial Summary Judgment On All Of Defendant's Fraud And Misrepresentation Claims, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery,
2016
Fulton County Superior Court, Judge
Suntrust Banks, Inc., Et Al., Order On Plaintiffs' Consolidated Motion To Compel Discovery, Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Marguetta Carzell Et Al. Order On Motion To Add Party,
2016
Fulton County Superior Court, Judge
Marguetta Carzell Et Al. Order On Motion To Add Party, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Motion To Dissolve Claims Of Lien,
2016
Fulton County Superior Court
Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Motion To Dissolve Claims Of Lien, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Dong Feng Fang Et Al. Order On Heg Defendants' Motion For Judgment On The Pleadings,
2016
Fulton County Superior Court, Judge
Dong Feng Fang Et Al. Order On Heg Defendants' Motion For Judgment On The Pleadings, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law,
2016
Texas A&M University School of Law
Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge
Faculty Scholarship
As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This Article argues, however, that the legal and market developments of the last several decades in payment systems provide compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public law regulatory scheme for payment systems, exemplified by Articles 3 and 4 of the Uniform Commercial …
The Puzzle Of Pdvsa Bond Prices,
2016
Georgetown University Law Center
The Puzzle Of Pdvsa Bond Prices, Anna Gelpern, Paolo Colla, Mitu Gulati
Georgetown Law Faculty Publications and Other Works
Market reports in the summer of 2016 suggest that Venezuela is on the brink of default on upwards of $65 billion in debt. That debt comprises of bonds issued directly by the sovereign and those issued by the state-owned oil company PDVSA. Based on the bond contracts and other legal factors, it is not clear which of these two categories of bonds would fare better in the event of a restructuring. However, market observers are convinced — and we agree — that legal and contractual differences would likely impact the payouts on the bonds if Venezuela defaults. Using a comparison …
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes,
2016
University of Georgia School of Law
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
Michael Miller, Order On Plaintiff's Motion For Summary Judgment,
2016
Fulton County Superior Court, Judge
Michael Miller, Order On Plaintiff's Motion For Summary Judgment, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Michael Miller, Order On Defendants' Motion For Summary Judgment,
2016
Fulton County Superior Court, Judge
Michael Miller, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards,
2016
University of Georgia School of Law
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise,
2016
University of Georgia School of Law
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code,
2016
University of Georgia School of Law
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
Georgia Journal of International & Comparative Law
No abstract provided.
Patent Privateers And Antitrust Fears,
2016
University of Michigan Law School
Patent Privateers And Antitrust Fears, Matthew Sipe
Michigan Telecommunications & Technology Law Review
Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of …
