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Tag Archives: clause
An action against the trustees would violate a no-contest clause
Several descendants of William Randolph Hearst brought an action under Cal. Prob. Code 21320 to determine if their proposed action against the trustees of the Hearst’s testamentary trust alleging that the trustees had violated their fiduciary duties would violate the… … Continue reading
Posted in Estate Planning
Tagged Action, against, clause, nocontest, trustees, Violate, would
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Non-disciplinary termination, a zipper clause and the covenant of good faith and fair dealing
An award by Arbitrator David Stiteler addresses these topics and upholds a grievance filed on behalf of an employee of the Washington Department of Social and Health Services who was separated from service because of a pre-employment criminal conviction. Washington Federation … Continue reading
Posted in Employment and Labour Law
Tagged clause, Covenant, Dealing, fair, Faith, good, Nondisciplinary, Termination, zipper
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Update on BIMCO 2020 Fuel Transition Clause for Time Charter Parties
On 21 December 2018 we commented on the newly released BIMCO clauses intended to address the International Maritime Organization’s revised sulphur content limits with regard to the consumption and carriage of marine fuel (in accordance with Regulation 14 of Annex … Continue reading
Posted in Admiralty-Maritime Law
Tagged 2020…., BIMCO, Charter, clause, Fuel, parties, Time, Transition, Update
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SCOTUS Shortlister Judge Kethledge Has Read The Knick Briefs: "[T]he Takings Clause does not say that private property shall not 'be taken for public use, without just compensation, and without a remedy in state court.'"
It wasn't going to be too hard to figure out what the U.S. Court of Appeals for the Sixth Circuit was going to do in Lumbard v. City of Ann Arbor, No. 18-1258 (Jan. 10, 2018). After all, the case … Continue reading
Posted in Real Estate & Property Law
Tagged 'be, "The, briefs, clause, Compensation, court.'", Judge, just, Kethledge, Knick, Private, Property, public, Read, Remedy, SCOTUS, Shall, Shortlister, state, Taken, Takings, Without
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Twitter isn't required to include an arbitration clause
In a recent case out of the District of Arizona, Brittain v. Twitter Inc., No. CV-18-01714-PHX-DG (behind paywall), a court finds Twitter's terms enforceable as neither illusory nor unconscionable. The plaintiffs admitted that they agreed to Twitter's terms of service,… … Continue reading
Posted in Business law
Tagged Arbitration, clause, include, isn't, Required, Twitter
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