I. STATEMENT OF JURISDICTION Appellate jurisdiction over the present matter is appropriate pursuant to Louisiana Code of Civil Procedure Article 2083, Article V, §10 of the Louisiana Constitution of 1974, and Rule 1-3 of the Uniform Rules of the Louisiana Courts of Appeal.
II. ISSUES PRESENTED The following issues are presented by PCS Nitrogen Fertilizer, L.P. (“PCS”) on appeal: i. Whether the indemnification provisions contained in Paragraph 6 of the Water Service Agreement’s Standard Terms and Conditions required U.S. Filter, Inc. (“USF) to indemnify PCS for all costs, claims, liabilities, expenses, damages, judgment or other losses, including maintenance costs, startup costs, lost profits, and costs of investigation, litigation and reasonable attorney’s fees because such costs were incurred by the acts and omissions of USF. ii. Whether the trial court erred when it ruled that Paragraph 3 of the Standard Terms and Conditions modifies the elements of damages that are recoverable by PCS under the separate indemnification provision in Paragraph 6 of the Agreement. iii. Whether the trial court erred when it concluded that lost profits, which were directly caused by USF’s breach of the Agreement, were “consequential” damages. iv. Whether the trial court erred when it interpreted, in favor of USF, conflicting and ambiguous paragraphs of the Agreement, which were drafted by and contained in USF’s standard Water Service Agreements. v. Whether PCS is entitled to
1. The first issue is whether the trial court erred in denying Greer's motion for summary judgment on the grounds that Mr. Austin's will contest was barred by T.C.A. § 32-4-108 (Supp. 1991).
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)
The issue of jurisdictional conflict between the civil courts and the Syariah courts has been standing unresolved for so many years. Notwithstanding the amendment made to Article 121(1A) of the Federal Constitution in 1988, the battle between the two courts remains unsettled. The root cause of this issue is the existence of a grey area between Article 121 (1) and Article 121(1A) of the Federal Constitution after the 1988 amendment.
The opinion of the United States Court of Appeals for the Thirteenth Circuit. R. 22–30. The decision and order of the United States District Court, District of Wisteria denying Plaintiff’s Motion for a New Trial. R. 13–21.
The defendant is responsible for the proper up keeping, storing, and containment of sludge, a byproduct of their operations. The defendant had dam 1, dam 2, and dam 3 created and contained the byproduct set previously. Their improper actions and inactions, of setting forth these dams, have led to the what is now known as the Buffalo Creek Disaster.
This court’s reasoning clarifies the ambiguity and responds to the defendant’s appeal regarding the application of “learned intermediary” into 3 sections.
“1. Has the Federal Circuit improperly abrogated the plain meaning of 35 U.S.C. § 284 by forbidding any award of enhanced damages unless there is a finding of willfulness under a rigid, two-part test, when this Court recently rejected an analogous framework imposed on 35 U.S.C. § 285, the statute providing for attorneys’ fee awards in exceptional cases?
The court denied the plaintiff’s motion for a directed verdict based on the issue of product alteration. Both the plaintiff and the defendant argue that the court should have granted a directed verdict as to whether Stark’s injuries were caused by product alteration. Both parties will have to argue and prove that because of this denial, the outcome of the case was drastically affected.
OVERVIEW: Defendants sought to apply equitable principles in seeking specific performance of the contract. The disposition of the instant motion for partial summary
Having concluded that the circuit court did not err in considering parol evidence, Wiencek further contends that the trial court erred in holding that the B108 agreement had yet to become effective. Specifically, Wiencek contends that this case is similar to Foreman, supra, where the Court of Appeals refused to permit a party to establish that the effective date of a contract was different from the express terms of that contract. Foreman, supra, 257 Md. at 443-44. CHH avers, however, the trial court was not clearly erroneous in finding that there was not a contract in the first instance. We agree with CHH.
12. The plaintiff realleges and incorporates by reference all those facts and allegations above and further alleges:
The Supreme Court, in this case, inspected two provisions of the inter partes survey, a procedure made for giving a cost-effective substitute to a lawsuit for determining particular difficulties to the validity of the
Federal Rules of Civil Procedure 26(b)(1) and 26(b)(2)(i): the policy of allowing broad discovery while protecting parties from abuse. However, not everything is discoverable and the request for formation must be significant to the case and subject matter and lead to admissible evidence.
Plaintiff Jules Cobb brought this suit action against her former fiancé Joseph Gardener for damages resulting from conversion of under New York state law. Plaintiff Cobb has moved for summary judgement pursuant to Rule 56 of the Federal Rules of Civil Procedure, claiming that there is no genuine dispute of fact as to whether the engagement gift was given under the sole consideration of marriage. Based on the analysis set forth however, genuine issues of material fact do exist, both as to whether marriage was the sole consideration of the gift and as to whether Cobb was already married at the time the gift was given. Therefore, Plaintiff’s motion for summary judgement should be denied.