Download or read book Nelson V Massey Ferguson Inc written by and published by . This book was released on 1985 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Age Discrimination written by Howard C. Eglit and published by McGraw-Hill Companies. This book was released on 1994 with total page 1598 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade mark and Copyright Cases written by United States. Patent Office and published by . This book was released on 1962 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.
Download or read book Decisions of Commissioner of Patents and U S Courts in Patent and Trademark and Copyright Cases written by United States. Patent Office and published by . This book was released on 1961 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Download or read book Sales written by Daniel L. Keating and published by Aspen Publishing. This book was released on 2023-10-09 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: Daniel Keating's Sales: A Systems Approach provides an interactive approach for UCC Article 2 Sales of Goods courses that includes clear textual explanations, interesting class-discussion problems, and formative assessment questions that allow students to test their mastery of key concepts throughout the course. Emphasizing the institutions and the mechanisms that participants use in the marketplace to conduct transactions, Daniel Keating’s “Systems Approach” provides a functional perspective of Articles 2 and 2A of the Uniform Commercial Code in practice. Comprehensive, problem-based coverage encompasses the domestic sale of goods, real estate sales, leases, and international sales. Thoughtful problems for students incorporate insights from this distinguished author’s interviews with leading figures in commerce as well as from actual sales forms and documents. News stories further illustrate, in real-world examples, how the system works in practice. Organized by Assignments, this engaging casebook lends flexibility in teaching and course design. New to the Eighth Edition: More than 200 multiple-choice poll questions (added to the Teacher's Manual) that are tied to selected casebook problems for instructors to use during class and/or to make available to students as formative assessment questions outside of class in addition to the more than 100 formative assessment questions already included within the casebook itself Textual material that analyzes the 2022 Amendments to Article 2 and their effect on hybrid transactions, the statute of frauds, and the parol evidence rule Problems on whether Article 2 covers the sale of Bitcoin, whether the lack of an engine immobilizer anti-theft device in certain Kia and Hyundai cars is a breach of the implied warranty of merchantability, and whether the pandemic should qualify as an excuse under UCC section 2-615 Fourteen new primary cases, including Williams v. Amazon, Inc. (E.D. Pa. 2021) (analyzing breach of implied warranty of fitness for a particular purpose claim against Amazon for sale of a henna tattoo kit); Velez v. RM Acquisition, LLC (N.D. Ill. 2023) (discussing whether a GPS system for truck drivers qualifies as a consumer product under the Magnuson-Moss Warranty Act); and Jet Experts, LLC v. Asian Pacific Aviation Ltd. (S.D.N.Y. 2022) (determining whether sale of a used corporate jet qualifies for specific performance remedy). Professors and students will benefit from: Problem method forces students to engage in the most productive level of learning during classroom time: applying the law to new facts. In-depth Teacher’s Manual enables instructor to be well-equipped to guide students through the problems. An author who is always happy to interact directly and on short notice with casebook adopters by phone or email regarding any questions on any material in the book. Concise text explains the law clearly so that students can successfully answer the problems for class. Extensive interviews with various players in the sales system give the material a real-world relevance that students particularly appreciate. More than 100 multiple-choice assessment questions with detailed explanations help students measure and clarify their understanding of the material as they go along, consistent with the requirements of ABA Standard 314 on the need for formative assessment tools in the law school curriculum.
Download or read book American Jurisprudence Proof of Facts 3d Series written by and published by . This book was released on 1988 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides text and sample testimony to assist in preparing for and proving facts that may be in issue in judicial and administrative proceedings. Kept up to date by packet supplements. Library has second and third series.
Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Download or read book Fair Employment Practice Cases written by and published by . This book was released on 1983 with total page 1640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Opinions of Federal and State courts and administrative agencies under Federal and State laws and orders relating to employment discrimination.
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Download or read book Sales written by Daniel Keating and published by Aspen Publishing. This book was released on 2019-10-30 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasizing the institutions and the mechanisms that participants use in the marketplace to conduct transactions, Daniel Keating’s “Systems Approach” provides a functional perspective of Articles 2 and 2A of the Uniform Commercial Code in practice. Comprehensive, problem-based coverage encompasses the domestic sale of goods, real estate sales, leases, and international sales. Thoughtful problems for students incorporate insights from this distinguished author’s interviews with leading figures in commerce as well as from actual sales forms and documents. News stories further illustrate, in real-world examples, how the system works in practice. Organized by Assignments, this engaging casebook lends flexibility in teaching and course design. New to the 7th Edition: The most significant revision ever. This edition has 15 new primary cases as well as 80 new problems at the end of the 28 assignments. The addition of 40 new formative assessment questions and explanations bring the total assessment questions for the book to more than 100. Updates to the Teacher’s Manual, with nearly 350 helpful pages including syllabus suggestions, in-depth answers to each problem, and four complete essay exams and model answers. Three important and recently decided federal appellate cases have been added: VLM Food Trading Int’l, Inc. v. Illinois Trading Co. (7th Cir. 2016) (analyzing battle of the forms case under the CISG); Lincoln Composites, Inc. v. Firetrace USA, LLC (8th Cir. 2016) (defining when an exclusive remedy “fails of its essential purpose” under UCC §2-719, and also discussing how to measure breach of warranty damages for accepted goods under UCC §2-714); and Zaretsky v. William Goldberg Diamond Corp. (clarifying which merchants “deal in goods of the kind” for purposes of UCC §2-403(2)) Professors and students will benefit from: A problem method that forces students to engage in the most productive level of learning during classroom time: applying the law to new facts. In-depth Teacher’s Manual enables instructors to be well-equipped to guide students through the problems. An author who is always happy to interact directly and on short notice with casebook adopters by phone or email regarding any questions on any material in the book. Concise text that explains the law clearly so that students can successfully answer the problems for class. Extensive interviews with various players in the sales system giving the material a real-world relevance that students particularly appreciate. More than 100 multiple-choice assessment questions with detailed explanations to help students measure and clarify their understanding of the material as they go along, consistent with the requirements of new ABA Standard 314 on the need for formative assessment tools in the law school curriculum.
Download or read book Harper James and Gray on Torts written by Fowler V. Harper and published by . This book was released on 2009 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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