Tag Archives: clause

Selling or Transferring California Real Estate that Is Subject to a “Due on Sale” Clause

Author: Staff Most real estate purchases require some form of financing. Banks that issue loans for the purchase of real estate protect their investments in several important ways. The most well-known is the deed of trust, by which the borrower conveys … Continue reading

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There is no fundamental right to government employment within the meaning of the Equal Protection Clause

Vehicle and Traffic Law §236(2)(d) provides that hearing examiners of a municipality's parking violations bureau "shall not be considered employees of the city in which the administrative tribunal has been established."Plaintiff's in the action challenged this "employment exclusion" set out … Continue reading

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Chancery Interprets Contractual Indemnification Clause

A recent Delaware Court of Chancery decision interpreted an indemnification clause and rejected the applicability of equitable defenses to a strictly legal claim.  I highlighted the recent decision in NASDI Holdings v. North American Leasing, Inc., C.A. No. 2017-0399-KSJM (Del. … Continue reading

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US Supreme Court Signals Interest in FCA Pleading Requirement and the Appointments Clause

There is an important pleading standard question being posed to the US Supreme Court in the petition for writ of certiorari by Intermountain Healthcare (IHC) in a False Claims Act (FCA) case filed by a whistleblower in 2012. The issue … Continue reading

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Puerto Rico, the Board, and the Appointments Clause

As many will have seen in the press, the First Circuit has said that PROMESA's Oversight Board was appointed in violation of the Appointments Clause. In short, while PROMESA allowed President Obama to appoint members of the Board without Senate … Continue reading

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