[PDF] Top 20 Case 2:08-cv KI Document 75 Filed 08/27/2009 Page 1 of 9

... The Port filed a First Amended Complaint on April 10, 2009 making the same first and second claims, but paring down its request for declaratory relief. It requested only a declaration (1) that “[t]he ... See full document

... bargaining as to covered subjects, because the NLRA did not contemplate “perpetual bargaining” during a labor contract’s term. 25 Similarly, in Stevens, the Ninth Circuit deemed irrelevant a union’s disclaimer of ... See full document

... thereafter arising out of such contract or transaction … shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of such contract.” Gilmer v. Interstate/Johnson ... See full document

... 27. Dr. Suzanne Dugger is, and was at all times relevant to this Complaint, Professor of Counseling at Eastern Michigan University. Dr. Dugger is responsible for ensuring student compliance with the policies ... See full document

... 20. For transfer pricing purposes under 26 U.S.C. § 482, the Americas and APAC cost sharing arrangements both require valuing the intangible rights that were transferred. In addition, because only technology intangible ... See full document

... Standing requires, at a minium, three elements: (1) injury-in-fact; (2) traceability; and (3) redressability. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992). Traceability requires that there be “a ... See full document

... Exhibit B (Doc. #27-2, pp. 7-8) are overhead costs, duplicate billing for telephone calls conducted by counsel, or photocopies for which counsel has failed to demonstrate were necessary for use in the ... See full document

... Moreover, Cannon presents no evidence that there was a three-month notice requirement—express or implicit—to terminate orders. Cannon argues that a fact-finder could infer a notice requirement from the parties’ course of ... See full document

... February 9, 2005, through February 13, 2009, and the Class Representative and all Settlement Class Members (as defined in paragraph A(26) of the Settlement Agreement) will be conclusively deemed to have ... See full document

... this case by operation of Fed. R. Civ. P. 4(h) and Austrian law, 9 Plaintiff’s attempted personal delivery would still be invalid because Plaintiff’s counsel handed the documents to an individual who is not ... See full document

... In this case, Defendant did not include such limiting language. Coverage is triggered by the happening of an “occurrence,” which by the policy’s express definition, includes a “repeated exposure to the same event, ... See full document

... To sustain a claim of ineffective assistance of counsel, Petitioner must show that: (1) counsel’s performance was deficient; and (2) the deficient performance prejudiced the defense so gravely as to deprive ... See full document

... a case is ‘exceptional’ in the case-by-case exercise of their discretion, considering the totality of the ...the case of an accused infringer) willful ...‘exceptional’ case is simply ... See full document

... the case” exception under section 552(b) of the Bankruptcy Code shall not apply to the Prepetition Priority/1L Secured Parties with respect to proceeds, product, offspring, or profits of any of the Prepetition ... See full document

... Schultz Foods is a large corporation that generates tens of millions of dollars in annual sales, see Mohrman Decl. at Ex. 2 [Docket No. 37], and that, at the time it opened its account and consented to the deposit ... See full document

... complaints in Wimmer and Kelly, and, like plaintiffs in those cases, Johnson does not adequately plead the first two prongs of a prima facie case of retaliation. While Johnson identified and complained to his ... See full document

... 2. Subject to the exceptions in Paragraph 3 (concerning excluded claims) below, and conditioned upon Lehmann’s full payment of the Settlement Amount and compliance with the terms of this Settlement Agreement, the ... See full document

... In addition to representing more than 10,000 workers and their families injured by dangerous products and toxic materials, t he firm handles complex fraud litigation, including class ac[r] ... See full document

... other real property seized without due process of law. Many members of this class are of modest means and this public-interest lawsuit has arisen only due to Plaintiffs’ counsel offering their services pro bono in this ... See full document

... approximately $1 million to foreign officials employed at state- owned entities in order to obtain and retain business for Company A, and Company A would and did[r] ... See full document