Be Careful What You Do Not Ask For: Contracts With The Federal Government For Which Purely Nonmonetary Relief Exists In The Event Of Breach Must Provide For Monetary Damages To Make Them Available To Non-Breaching Private Parties,
2015
University of Missouri School of Law
Be Careful What You Do Not Ask For: Contracts With The Federal Government For Which Purely Nonmonetary Relief Exists In The Event Of Breach Must Provide For Monetary Damages To Make Them Available To Non-Breaching Private Parties, Matthew W. Cecil
Journal of Dispute Resolution
By further limiting access to one of the only forums in which private parties may seek monetary damages over $10,000 from the federal government, the United States Federal Circuit Court of Appeals in Higbie v. United States1 has ensured non-breaching private parties will not be wholly compensated for their injuries and has undermined the court’s own interest in bolstering mediation.
Contract Law [2014],
2015
Singapore Management University
Contract Law [2014], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Contractual Choice Of Law In Contracts Of Adhesion And Party Autonomy,
2015
The University of Akron
Contractual Choice Of Law In Contracts Of Adhesion And Party Autonomy, Mo Zhang
Akron Law Review
The article attempts to argue that contracts of adhesion do not conform to the notion of autonomy that underlies the choice of law by the parties and is incompatible with the principle of mutuality on which the power of the parties to make the choice of applicable law rests. The main theme of the article is to suggest that the choice of law clause in contracts of adhesion shall not take effect (although the clause may not necessarily be invalid), unless and until the other party (adherent) meaningfully agrees or a court scrutinizes the contract for the true assent of …
Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B),
2015
Fulton County Superior Court
Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Disappearing Ink: The Emerging Duty To Remove Invalid Policy Provisions,
2015
The University of Akron
Disappearing Ink: The Emerging Duty To Remove Invalid Policy Provisions, Robert L. Tucker
Akron Law Review
This list includes only these decisions of the state’s court of last resort. It does not even begin to touch upon the provisions invalidated by decisions of inferior trial courts and intermediate courts of appeal which, for one reason or another, never reached the Supreme Court. And those intermediate appellate courts, it should be noted, have not limited themselves to invalidating provisions that are contrary to state statutes. In at least one case, a court of appeals held that an “other owned auto” exclusion in an uninsured motorist endorsement was invalid and unenforceable, even though the provision was expressly permitted …
Summary Of Excellence Cmty. Mgmt. V. Gilmore, 131 Nev. Adv. Op. 38 (June 25, 2015),
2015
Nevada Law Journal
Summary Of Excellence Cmty. Mgmt. V. Gilmore, 131 Nev. Adv. Op. 38 (June 25, 2015), Ashleigh Wise
Nevada Supreme Court Summaries
The Court held the sale of a 100 percent membership interest in a limited liability company does not affect the enforcement of an employee’s employment contract containing a restrictive covenant because the sale does not create a new entity. An employer limited liability company may enforce a restrictive covenant in an employment contract without its employee’s consent of assignment.
Restrictive Covenants In Illinois: Adequate Consideration Problems Show That The Common Law Is An Inadequate Solution,
2015
IIT Chicago-Kent College of Law
Restrictive Covenants In Illinois: Adequate Consideration Problems Show That The Common Law Is An Inadequate Solution, David S. Repking
Chicago-Kent Law Review
Illinois courts have long dealt with whether restrictive covenants, specifically non-compete clauses, can and should be enforced when they involve employees of businesses. Many aspects of restrictive covenants have been litigated, but a recent Illinois Appellate Court case analyzed the issue of what is adequate consideration in order to enforce a restrictive covenant against a former employee. The First District in Fifield v. Premier Dealer Services, Inc., affirmed a bright-line, two-year rule for deciding how long an employee must work for an employer before a re-strictive covenant can be enforced.
The two-year rule protects employees because an employer cannot …
A Trustee’S Fiduciary Duties At The Start And End Of Administration,
2015
The Catholic University of America, Columbus School of Law
A Trustee’S Fiduciary Duties At The Start And End Of Administration, Robert Whitman
Catholic University Law Review
Prior to the creation of a trust and at its termination, a trustee’s fiduciary duties are often ambiguous. It is argued that, where fiduciary duties do not exist, contract law may be found to govern the rights of the settlor, the trustee, and the beneficiaries. This article refutes this argument because under the principles of modern contract law, certain conduct may be permitted that would not be acceptable if fiduciary duties existed more clearly. The most common problems arise in three areas: (1) the seeking of a receipt and release by a corporate fiduciary upon an informal termination of a …
James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc,
2015
Fulton County Superior Court, Judge
James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Global Aerospace Inc., Order On Defendants' Fourth Motion For Order Compelling Discovery Against Plaintiff Global Aerospace Inc.,
2015
Fulton County Superior Court
Global Aerospace Inc., Order On Defendants' Fourth Motion For Order Compelling Discovery Against Plaintiff Global Aerospace Inc., Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
John W. Robinson Iii, Protective Order,
2015
Fulton County Superior Court
John W. Robinson Iii, Protective Order, John Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Natural Resource Contracts As A Tool For Managing The Mining Sector,
2015
Columbia Law School, Columbia Center on Sustainable Investment
Natural Resource Contracts As A Tool For Managing The Mining Sector, David Kienzler, Perrine Toledano, Sophie Thomashausen, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
In this report commissioned by the Bundesanstalt für Geowissenschaften und Rohstoffe (BGR) on behalf of the Federal Ministry for Economic Cooperation and Development (BMZ), CCSI examined the different types of legal regimes governing mining projects in 18 countries to gain a better understanding of mining deals granted and negotiated under different minerals regimes. CCSI compared the provisions of 30 mining contracts from 13 countries, analyzed a selection of mining-related legislative texts from 18 countries, and surveyed the experiences of mining contract negotiations through dozens of interviews with experts, government officials, company representatives, and members of civil society organizations.
The report …
The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex,
2015
Seattle University School of Law
The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex, Karena Rahall
Cardozo Law Review
Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police have acquired more military gear, Special Weapons and Tactics teams and deployments have proliferated. Even small towns receive surplus military materiel to fight the "wars" on drugs and terrorism. In addition, police training uses a military approach that threatens to transform the traditional police mandate of protecting and serving into …
Payday Lenders, Vehicle Title Loans, And Small-Value Financing: The Cfpb's Proposal To Regulate The Fringe Economy,
2015
Texas A&M University School of Law
Payday Lenders, Vehicle Title Loans, And Small-Value Financing: The Cfpb's Proposal To Regulate The Fringe Economy, Christopher K. Odinet
Faculty Scholarship
The market for payday lenders, businesses that provide vehicle title loans, and other small-value financing players is rife with controversy. Some see them as predatory lenders that weave a web of never-ending debt designed to capture the weakest and most economically vulnerable of society. However, advocates of these financial institutions argue that for many Americans who are otherwise shut out of the conventional lending market, these players provide the only viable source of credit in times of economic hardship. Whatever the view, these businesses, their borrowers, and the credit markets that they together comprise are often referred to in legal …
Drummond Financial Services Llc, Interlocutory Injunction Order,
2015
Fulton County Superior Court
Drummond Financial Services Llc, Interlocutory Injunction Order, John Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers,
2015
University of Georgia School of Law
European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement,
2015
University of Georgia School of Law
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Georgia Journal of International & Comparative Law
No abstract provided.
Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation,
2015
University of Georgia School of Law
Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine
Georgia Journal of International & Comparative Law
No abstract provided.
Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines,
2015
Warrington College of Business Administration
Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo
Pace International Law Review
This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …
The Conformity Of The Goods To The Contract In International Sales,
2015
Maastricht University, European Private Law Institute
The Conformity Of The Goods To The Contract In International Sales, Villy De Luca
Pace International Law Review
The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).
The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.
The …
