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Should Courts Always Enforce What Contracting Parties Write?

The publisher finds an economic rationale for the common sense answer to the question in our title ? courts should not always enforce what the contracting parties write. This paper describes and analyzes a contractual environment that allows a role for an active court. An active court can improve on...

Tags: Court, Publisher, Party, Real Estate, Investment, Business Operations, Finance

White papers 2006-10-01

Legislative Initiatives to Temporarily Relocate Federal Courts Interrupted by Natural or Man-made Disasters, 109th Congress

Following the current disruption of operations in several courts in Gulf Coast states due to Hurricane Katrina, the Judicial Conference of the United States asked Congress in June 2005 to pass emergency legislation to allow courts to shift court proceedings temporarily into adjacent judicial districts when emergency circumstances require it...

Tags: Legislation, Court, Scientist, U.S. Congress, Hurricane Katrina

White papers 2005-09-08

LA: Whistle Blower Discloses False Time Records: Was Employee Victim of Retaliatory Termination?

This paper discusses the appeal of the Circuit Court of Louisiana which affirmed the judgment of the lower court. The court held, inter alia, that the trial court did not err when it held that the public pay documents were hospital records, and therefore, Zorn had violated hospital policy and...

Tags: Workforce Management, Human Resources, Court, Termination, Thomson Corp.

White papers 2005-04-01

Missouri Federal Court: Manifestation Trigger, Late Notice Bar Coverage For Water Intrusion Damage

This alert gives details about the case of Hammon Hotel. It discusses about the claims, procedural history, and the court’s ruling f the case. It is mentioned in the alert that court found that the hotel owner knew water was leaking into hotels for years before property contracts began. The...

Tags: Insurance, Hammons Hotels Decision, Intrusion, Court, Business Operations, Corporate Insurance

White papers 2003-09-01

Small Claims Court Forms And Procedures-I

The process of resolving the issues through the small claims courts is faster and less expensive as opposed to collection agencies and conventional litigation, and if handled right can yield immediate results. No attorneys are allowed at the hearing, and this keeps the cost down as well. The article also...

Tags: Court, Claim, Litigation, Advertising & Promotion, Business Operations, Marketing

White papers 2003-01-01

The Role Of Contemporaneous Dictionaries And Treatises As The Preferred Source Of Ordinary Meaning

The United States Court of Appeals for the Federal Circuit recently reviewed the basic principles that govern how courts construe patent claims. The court clarified that dictionaries and other objective interpretive resources are superior to extrinsic evidence such as expert testimony. This article reveals that the court clarified that courts...

Tags: Court, Dictionary

White papers 2003-01-01

Changing Course - US Supreme Court Rules in Takings Case

In recent years, the U.S. Supreme Court has issued a number of important decisions favoring property owners in zoning and other land use battles with local governments. The Court's ruling would seem to allow government to do by regulation what it cannot do through eminent domain i.e., freeze the use...

Tags: Enterprise Software, Software, Vertical Industries, Government, Court, U.S. Supreme Court

White papers 2002-05-22

Circuit City Stores, Inc. v. Adams and EEOC v. Waffle House, Inc.: The Court Addresses the Enforceability of Mandatory Arbitration Agreements

In its recently completed term, the United States Supreme Court, in a 5-4 vote, reached a decision that is certain to have a significant effect on the enforcement of mandatory arbitration agreements in the non-union employment setting. Agreeing with the overwhelming majority of Circuit Courts of Appeals, the Supreme Court...

Tags: Court, U.S. Supreme Court, Agreement, Arbitration, Arbitration Agreement, Circuit City Stores Inc.

White papers 2001-08-01

Additional Resources

OK, so don't vote then

First, the groundwork. While the Supreme Court Justices are not generally labeled as a political body, the truth of the matter is different. Historically, they are often labeled as "Conservatives, Moderates" or, at times, "Liberal." It's generally accepted that Chief Justice Roberts and Justices Scalia, Alito and Thomas...

Articles 2008-09-01

Weapon malfunction

I want to thank you for the "Rights Watch" column. It is a complete outrage to see someone who had a malfunctioning weapon, as in the case of United States vs. David R. Olofson, can be convicted of a firearms felony violation in this country. As a police...

Articles 2008-09-01

Heineken Serves Up New Consumer Events On and Off the Court at the 2008 US Open

To support its 17th year of US Opensponsorship, Heineken USA announced today a multi-faceted relationship withtennis star James Blake, along with other exciting consumer initiativesduring the tournament. Blake will host a consumer charity event on August22 at the World Financial Center as well as headline customized US Open adsand...

Articles 2008-08-18

Local Attorneys Help Tax Extension Recipients in Need

Online law firm directory Local-Attorneys.com -- http://www.local-attorneys.com -- has recently announced their increasedcommitment to helping interested visitors find lawyers for all of theirtaxation -- http://www.local-attorneys.com/tax/ -- needs. True, tax seasonis over, but many residents have filed for extensions, which are due in thenext few months. Many...

Articles 2008-08-18

Acacia Subsidiary Enters into Settlement & License Agreement with WineCommune

NEWPORT BEACH, Calif. -- Acacia Research Corporation (Nasdaq: ACTG) announced today that its TransAuction LLC subsidiary has entered into a settlement and license agreement with WineCommune, LLC resolving patent litigation against WineCommune that was pending in the United States District Court for the Eastern District of Texas. The...

Articles 2008-08-18

The Research Foundation of State University of New York and Sigrity Filed Patent Infringement Lawsuit Against Ansoft/ANSYS

SANTA CLARA, Calif. -- Sigrity, Inc., known for its power integrity and signal integrity software solutions for integrated circuits, IC packages and printed circuit boards, announced today that it filed a lawsuit with The Research Foundation of State University of New York against Ansoft Corp. and ANSYS, Inc. for infringement...

Articles 2008-08-18

GraphOn Files Lawsuit against Google for Patent Infringement

SANTA CRUZ, Calif. -- GraphOn Corporation (OTCBB: GOJO), a leading worldwide developer of server-based application publishing and Web-enabling software solutions, announced today that it has filed a lawsuit against Google Inc. (NASDAQ: GOOG) alleging infringement of four GraphOn patents. The complaint, filed in United States District Court in...

Articles 2008-08-18

ISS Recommends in Favour of the Resolutions for the Proposed Acquisition of IONA Technologies by Progress Software Corporation

DUBLIN, Ireland & WALTHAM, Mass. -- IONA[R] Technologies (NASDAQ: IONA), a world leader in distributed service-oriented architecture SOA infrastructure solutions for performance-demanding IT environments, today announced that Institutional Shareholder Services ISS, a leading global proxy advisory firm, recommends in favour of the resolutions for the proposed acquisition of IONA Technologies...

Articles 2008-08-18

GeneLink Responds to Lawsuit

ORLANDO, Fla. -- On August 18, 2008, GeneLink, Inc. (OTCBB:GNLK.OB), a leading consumer genomics biotech company, filed its Quarterly Report on Form 10-Q for the Period Ended June 30, 2008 (the "Report"). The Report was delayed to allow the Company to review the complaint filed in the Philadelphia Court of...

Articles 2008-08-18

Final Briefs Filed in Critical Wine Shipping Case

DISCRIMINATION AT ANY LEVEL OF THE THREETIERS OF THE ALCOHOL DISTRIBUTION CHAIN IS UNCONSTITUTIONAL. FURTHER, ASTATE MAY NOT REQUIRE AN IN-STATE PHYSICAL PRESENCE TO PARTICIPATE ININTERSTATE COMMERCE. This was the core message embodied in Specialty Wine RetailersAssociation 's final brief submitted today in the case of Siesta VillageMarket v....

Articles 2008-08-18

Wi-LAN and TI agree without prejudice dismissal

TELECOMWORLDWIRE-15 August 2008-Wi-LAN and TI agree without prejudice dismissalC1994-2008 M2 COMMUNICATIONS LTD http://www.m2.com Wi-LAN Inc (TSX: WIN) and Texas Instruments Incorporated TI (NYSE: TXN) have reached an agreement which will see TI dismissed from Wi-LAN's legal action No. 2:07-cv-474 in the US District Court for the Eastern District...

Articles 2008-08-15

Preliminary Court Hearing Phi-ton Versus Auping

ARNHEM, The Netherlands, August 15 /PRNewswire/ -- In a preliminary court hearing brought in by Phi-ton B.V. against Koninklijke Auping B.V. regarding the advertising slogan "The Best Ventilating Bed" by Auping, the court has rejected the demands from Phi-ton on grounds of no urgency in the matter that could...

Articles 2008-08-15