Tag Archives: Deemed

By commencing a CPLR Article 78 action involving arbitrable issues, the petitioner may be deemed to have waived his or her right to demand arbitration of those issues

The Village of Bronxville terminated the employment of one of its police officers [Employee] and notified him that his "health insurance coverage, as well as any other insurance coverage that had been provided by the Village, would terminate." Employee objected, … Continue reading

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Don’t Test Me! FDA Applies “Deemed Triggered” Regulation to 180-Day Generic Drug Exclusivity

By Kurt R. Karst — “Don’t test me!”— that’s a warning that I, along with my younger brother, Erik, heard more than once from our parents while growing up.  The warning would come up from time to time—but particularly during … Continue reading

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The settlor’s language deemed to require the trustee to pay the surviving spouse’s statutory all

The decedent’s inter vivos trust stated that should his probate estate be insufficient, “there shall be paid” to the estate sums necessary to pay taxes and amounts requested by the executor to pay expenses, specific bequests, and statutory allowances.In Zahn… … Continue reading

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County Worker on FMLA Leave Deemed “Unemployed” Under Texas Unemployment Compensation Act

The Texas Supreme Court recently concluded that a county employee on unpaid medical leave was “unemployed” within the meaning of the Texas unemployment compensation statute. The court’s ruling is surprising, because it appears to create a right to unemployment benefits … Continue reading

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The deemed dividend dilemma: structuring your cross-border credit support

We frequently act as Canadian counsel to lenders and borrowers in cross-border transactions where credit support is provided to a US parent company by one or more of its Canadian subsidiaries. In structuring the deal, a considerable amount of time … Continue reading

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