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

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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

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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

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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

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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

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