4 comment(s) Aug 4, 2008
The statement said that as an employee, "I further understand that all employees of the city, regardless of their classification or position, are employed on an at-will basis, and their employment is terminable at the will of the employee or the city at any time, with or without cause, and with or without notice. I have also been informed and understand that no officer, agent, representative, or employee of the city has any authority to enter into any agreement with any applicant for employment... (Benson San Pedro Valley News Sun, AZ)
Lover of Cheating Husband Wins Point, Loses Case: Ann Woolner Jun 26, 2008
If you can prove a right to support, say, based on some kind of even implied contract that you were going to be supported, then you can enforce that contract,'' says Jared Laskin of Orange County, California, whose legal practice focuses on unmarried couples. Other state supreme courts, including New Jersey's, started recognizing these agreements in 1979. (Bloomberg -- Columnists)
Judge downsizes city of Charlotte's suit over failed software system Apr 16, 2008
Mullen said the city could sue for breach of contract and breach of implied contract. But he dismissed the city's allegations of fraud, negligent misrepresentation and unfair and deceptive trade practices. (Charlotte Business Journal, NC)
Costume Maker Strikes Back Against George Lucas Apr 8, 2008
" For his part, Ainsworth remained a designer and engineer and would later create a face-sucking monster for the "Alien" films. In 2004, however, he discovered one of the original helmets he had made in a cupboard in his home in Twickenham. After successfully selling it to a collector, he began to manufacture the outfits once more, through his company, Shepperton Design Studios. He found a legion of "Star Wars" fans willing to pay up to $3,574 for a suit and helmet. Lucasfilm responded in 2006... (Fox News)
Former Red Dog appeals to high court Mar 28, 2008
Carpenter contends due to the National Indoor Football League s control over the game, the Red Dogs and the players, the NIFL had an implied contract with Carpenter, making the NIFL and the Red Dogs joint employers of Carpenter. Carpenter claims that the NIFL was therefore required to cover him with workers compensation insurance. (Rapid City Journal, SD)
Consumer Class Action Certified Against Title Insurance Co. Feb 2, 2008
The plaintiffs brought nine claims -- breach of express contract, breach of implied contract, money had and received, violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, fraudulent misrepresentation, negligent misrepresentation, negligent supervision, accounting and unjust enrichment. (A claim for "money had and received" is a common law action by which a plaintiff seeks to recover money paid to the defendant that would otherwise be unrecoverable because it had been... (Law.com)
NBC Wins Battle Over Debate Jan 16, 2008
That being said, his contract with MSNBC was only an IMPLIED contract and the network had no LEGAL obligation to invite him; just an ethical one. Posted by Jeff. (New York Times)
Hannah Montana Suit Something to Talk About Jan 5, 2008
Buddy Sheffield sued parent company ABC Cable Networks Group on Aug. 23, alleging breach of implied contract, breach of confidence, unfair competition and unjust enrichment. He is seeking unspecified damages. (E! Online)
Judge's ruling pending after hearing in Haney suit Dec 21, 2007
George Mitchell, attorney for Haney, said in his opening arguments that Haney had an "implied contract" to be mayor pro tem when he was elected. Mitchell claimed that the defendants violated the open meetings law because the minutes of a special called meeting did not indicate how or when each aldermen received notice and gave no indication or notation of the posting of the notice of the meeting. (Webster Progress-Times, MS)
Appeals Court Orders $39 Million In Refunds To UC Students Nov 4, 2007
The Court of Appeal said the university created an implied contract when it said on its Web site and some catalogs until 2003 that professional degree fees for students in programs such as law, medicine and business would remain constant during their enrollment. Justice James Lambden, writing for a three-judge panel of the appeals court, said that statement was "a specific promise.". (KCRA 3, CA)
Alberta within rights to raise royalties, says law professor Oct 1, 2007
" It also noted that industry executives claimed during the public hearings that they had "an implied contract" in their leases. Albertans own the oil and natural gas and energy companies lease exploration rights to develop the resources. "Their arguments," the panel wrote, "were that all programs and royalty rates in place at the time a lease was issued should be tied to the lease for the life of the lease. This does not have a basis in law or in common practice in Alberta or elsewhere. (Globe and Mail)
Eugene Robinson Sep 7, 2007
This was my first Apple product and it will be my last. " And on the macrumors site, "mac17" wrote that he intended to e-mail Jobs a harangue that begins, "As a loyal Apple customer I feel like I and other iPhone customers are being treated like dirt. (San Francisco Chronicle -- Opinion)
Commission denies special-use permit Sep 5, 2007
It is an implied contract, Oroke said. Klemp said he believed the payments were received after a rental period, but he would pay the county for the time when the files were not stored at the Abernathy Building. (Leavenworth Times, KS)
FIS, Certegy face class action suit over security breach Aug 17, 2007
5 million consumers in federal district court for the Central District of California, asserting claims of negligence, invasion of privacy and breach of implied contract, according to a release from the law firm Girard Gibbs LLP.. The case was initiated by a Los Angeles man who started noticing an influx of direct marketing and promotional offers as well as phone calls to his home, prior to the public announcement by Certegy and Fidelity National of the data breach. (Jacksonville Business Journal, FL)
The Xbox 360 Premium now includes an HDMI output Aug 10, 2007
Is it because you agreed to an implied contract upon breaking the shrink wrap that you wouldn't own the rights to the system, no matter how much you paid for it. If so, that's a bunch of garbage. (CNet News.com Blog)
Former Employee Sues Town of Oxford Jul 3, 2007
Tuesday 3 July, 2007. OXFORD - The town's former grant writer, Lisa Low of Lisa Low iates, recently filed a suit against the town, alleging that it failed to pay her for writing a Small Town Economic Assistance Program (STEAP) grant. (Voices, CT)
2nd Circuit: Federal Judge Lacks Authority to Hear Demands KPMG Pay Legal Fees May 24, 2007
"A trial of claims to expenses based on contract -- especially implied contract -- will go over very different factual ground.". And given that it was conceivable that the government could exert pressure on a firm to break even a contractual promise to pay fees, it was possible that an ancillary proceeding would not "render any constitutional violation harmless," the court said. (Law.com)
Letters to the editor May 11, 2007
At the university level where the student may be 21 years or older, the exemption still should apply as a matter of implied contract between the adult student and the university. This is necessary because of the unique nature of the university as a place of intense mental pressures on students who face up to their own intellectual shortcomings or emotional immaturity, often with disastrous impact on their psyches. (Washington Times, DC)
Topical tax from TaxAid By Nichola Ross Martin May 1, 2007
One point to note is that if there is a written contract of employment in place, then HMRC cannot effectively rewrite it to suit them if there is not evidence to show that that the parties have acted in any different way i.e. created a different implied contract. He looked at the case of Ready Mixed Concrete v. Minister of Pensions and National insurance {1968} 2 QB 497 where the court found that there are three components that must be present in a contractual relationship before it could be a... (Accounting Web, UK)
Perdue, GOP and political shame Apr 29, 2007
If the show stopped with Cagle and the Senate acting principally, according to their implied contract, to strip pork from the supplemental budget, Cagle would have had a leg-up in the gubernatorial sweepstakes. Had the two chambers stopped the show after agreeing to cut taxes, both Richardson and Cagle would have gone home winners. (Atlanta Journal-Constitution)
County refutes Signature claims Apr 23, 2007
He said an implied contract existed and that case law backed him up. McCormack, however, said Signature said in e-mails to the county that "contract formation in this matter shall occur only with mutually-affixed original signatures on original documents.". (The St. Augustine Record)
Court upholds lawsuit dismissal Apr 6, 2007
The patients argued that the hospitals breached an implied contract by charging more than an implied reasonable rate and violated a state law on deceptive trade practices. The hospitals charge uninsured patients two or three times more than other patients, a lawyer for the patients told the high court in arguments last year. (Rapid City Journal, SD)
Appelate court hears man's suit against LDS Church Mar 22, 2007
Scripps Howard News Service. Slug: ldssuit Date: 2007-03-21 00:00:00 Version: original Wire Category: A Words: 614 Bytes: 23552 E-Pub: N Use Warning: Must credit Salt Lake Tribune. (Scripps Howard News Wire)
Schwarzenegger: I am not Rush Limbaugh's servant... Mar 21, 2007
LIMBAUGH: "There's no such thing as an implied contract." (Radio show, quoted in FRQ, Spring/93). The Truth: First year Contract Law class, I specifically remember something about there being Implied Contracts. (The Drudge Report)
Former city manager worries about power shift Jan 23, 2007
Circuit Court Judge Stella Hargrove ruled in January 2004 the city of Columbia had violated an implied contract with employees that promised merit-based raises. Miller pointed to his development of a strategic plan as one of his finest accomplishments. (Columbia Daily Herald, TN)
Lawyer: Good cause against Winter Jan 19, 2007
In his filing against the City of Belle Plaine, Winter claimed a breach of an express and implied contract of employment which caused irreparable harm and damages. The response filed last week was that Winter s employment was terminable at will, and that no express or implied contract was broken. (Wellington Daily News, KS)
- Craig Raine reveals the emotional side of TS Eliot Jan 6, 2007
Hence the idea of the objective correlative and its implied contract between writer and reader - that the impenetrably private is inadmissable as art. But this does not mean, could not mean, that art should be purged of anything personal - as many have wrongly believed. (Guardian Unlimited)
'Crash' lawsuit tossed Dec 28, 2006
However, he gave Yari's lawyers 10 days to refile on two of the allegations, including breach of implied contract. Patty Glaser, one of his attorneys, said Wednesday that Yari will either refile or will appeal the dismissal. (Atlanta Journal-Constitution)
Winter files suit: Civil action seeks reinstatement, damages Dec 7, 2006
The case alleges a reach of an express and implied contract of employment causing Winter irreparable harm and damages. Included in the case is the issue of an on-the-job injury to Winter's lower back and left hip, which was submitted to workman's compensation near Nov. 20. (Wellington Daily News, KS)
Meeting to rally support for full education funding Oct 20, 2006
"MAEP is an implied contract and the state should uphold their commitments," Barrett said. "It's important for the state to fulfill its obligations because when that doesn't happen the districts have to look locally for that funding.". (Brookhaven Daily Leader, MS)
Zag's Frags.. Week 8 Oct 18, 2006
In Idaho, drivers can lose their licenses if they breach a sort of implied contract with the IDOT by refusing to take a BAC test. One refusal means an automatic 180-day suspension, and a subsequent refusal means a suspension of one year. (BroncoCountry.com)
Recruiting Firm Sues Akin Gump for Fees in Partner Placement Oct 14, 2006
Sivin Tobin is now suing the law firm, alleging breach of an implied contract. Manhattan Supreme Court Justice Jane S. Solomon last month denied Akin Gump's motion to dismiss. (Law.com)
Suit alleging Wal-Mart pay violations set for trial Sep 27, 2006
"The Massachusetts lawsuit is among 70 separate state and federal cases, including some class actions, that have been filed on behalf of workers against Wal-Mart around the country.The suit filed in Middlesex alleges that the Arkansas company violated an implied contract when it did not honor its own corporate policies saying workers were entitled to meal breaks based on the total number of hours worked. The workers allege they were routinely denied time to eat during their shifts.The violations... (Boston Globe -- Business)
FROM OUR READERS: EMINENT DOMAIN: Ballot question deception Aug 13, 2006
In 2003, the Review-Journal issued a great editorial, headlined "A Homeowner's Bill of Rights," wherein it wrote that zoning and master plans must be considered an implied contract between existing property owners and local officials, subject to only minimal modifications unless consent is obtained from all concerned. If Section 8 of PISTOL becomes part of Nevada's constitution, master plans and zoning rules, designed to protect homeowners from undesirable development, will probably no longer be... (Las Vegas Review-Journal -- Opinion)
Ultimate Blackjack Tour Sues GSN Aug 12, 2006
In a suit filed earlier this week in the Los Angeles Superior Court, UBT alleged that GSN breached an implied contract in producing its latest incarnation of World Series of Blackjack by lifting elements of what UBT characterized as its novel blackjack methodology. The elimination blackjack format, which UBT registered with the United States Patent and Trademark Office, features non-traditional elements like elimination rounds and secret bets. (MediaWeek.com)
'Baby, Give Me a Kiss' Aug 7, 2006
In 2000, Les Haber, a producer who had worked with Francis on "Real TV," sued for breach of implied contract, breach of confidence and unjust enrichment. He accused Francis of stealing the idea for "Banned From Television" after Haber had pitched it to Francis as a potential partner. (Sun-Sentinel.com)
Save a Cocktail Napkin, Win a Lawsuit Jul 29, 2006
In addition to copyright infringement, he sued for breach of implied contract, arguing he was entitled to compensation after meeting with the executives who allegedly submitted his idea to Miramax. A judge in the U.S. District Court for the Central District of California threw out the copyright claim and found that federal copyright laws pre-empted the state breach of implied contract ... In its 2004 ruling, the 9th Circuit affirmed the copyright ruling but reversed on the second claim, stating... (Law.com)
Former KPMG partners sue for legal fees in tax shelter case Jul 13, 2006
According to the complaint, KPMG broke an ``implied contract" to advance fees ``consistent with KPMG's 30-year unbroken practice of doing so in civil, regulatory, and criminal cases and prosecutions.". A KPMG spokesman declined to comment. (Boston Globe -- Business)
Indicted Ex-KPMG Employees Sue Company for Legal Fees Jul 12, 2006
They contend in the civil suit that an implied contract obligates KPMG to pay their legal fees and expenses as they fight the criminal charges ... The remaining defendants maintain they are entitled to legal fees under their implied contract with KPMG.. (Law.com)
READ MORE > Jul 7, 2006
The ruling overturned a circuit judge's decision that the city had an implied contract with Joel Aberle ... A circuit judge ruled that the written policy listing expected and prohibited behaviors created an implied contract between the city and Aberle. (Sioux City Journal, IO)
Stolen 'Flowers'? Jun 28, 2006
Meanwhile, Grosso v. Miramax, another Marder case, stemming from a claim against the 1999 film ``Rounders," goes to trial next month. Industry players are watching it closely, for at its core is a potentially landscape - changing concept known as ``implied contract." In essence, this means that if a writer pitches an idea or submits a script to a studio or network and that idea or script gets used, the writer must be compensated. Unfortunately, says Marder, whose firm won a landmark case 20... (Boston Globe -- Living)
- Could Alan Johnson be Labour's next leader? Jun 4, 2006
He honoured the written or implied contract which promised existing government workers an early pension. New workers signed on in the knowledge that the deal had changed. (Guardian Unlimited)
Hollywood's new problem: stolen scripts Jun 1, 2006
Marder says Reed Martin had an implied contract when he pitched his screenplay and that the makers of "Broken Flowers" breached it by making an identical movie without paying him a dime. If a court agrees, the impact on Hollywood could be huge, according to Aaron Moss, an attorney with the Los Angels firm Greenberg Glusker. (MSNBC -- Business)
Supreme Court asked to reinstate lawsuit on hospital pricing May 25, 2006
An attorney for the two patients told the high court that the hospitals breached an implied contract and violated a state law on deceptive trade practices. Uninsured patients must sign a contract that does not specify a price, but the law requires that such charges should be reasonable, said Eric Magnuson, a lawyer from Minneapolis. (Black Hills Pioneer, SD)
MOTHER KNOWS: INVEST Financial advice from wise women May 13, 2006
" Williams also said that she believes parents should be honest with their children if they have financial troubles--to a point. They should tell them there's a problem and explain why, but they don't need to go into specifics. If the family took a vacation even though one parent was out of work, for example, they can explain that's why they're still paying for the trip, she said. And parents shouldn't let their children off the hook when they make financial mistakes. When her daughter fessed up... (Fredericksburg Free Lance-Star, VA)
Planners hit snags with launch of new software May 4, 2006
Reckhow said officials need to finish the project because they've used development fees to finance it, thus creating "an implied contract" with area developers. She added that when they hire contractors, the city and the county need to do a better job of writing performance guarantees into their deals. (Herald Sun)
At-Will Doctrine Is Not Applied to Associate's Suit Against Firm Apr 12, 2006
In largely denying the firm's motion to dismiss Connolly's claims, Supreme Court Justice Rolando T. Acosta extended the Court of Appeal's 1992 decision in Wieder v. Skala, 80 N.Y.2d 628, which held that an associate fired for insisting his firm report another associate's misconduct, as required under state Disciplinary Rule 1-103, could sue the firm for breach of an implied contract of good faith. Acosta wrote in Connolly v. Napoli, Kaiser /I>, 105224/05, that it was "illogical" to confine... (Law.com)
Sacking fears as new laws kick in Mar 26, 2006
Unless it is for reasons covered by other legislation such as the dismissal being linked to religion, gender or race, sacked employees' only fallback will be to take the matter to court if it involves a breach of a written or implied contract. "Job losses are possible from Monday," SA Unions secretary Janet Giles warned. (Advertiser Adelaide)
LEVI STRAUSS & CO. Mar 5, 2006
LEVI STRAUSS On the Record: Phil Marineau. " It's not that people are lying, it just it isn't the whole story. I have somewhat of a thick skin when it comes to that. I think all CEOs can accomplish one or two things as a legacy. I'm focused on what I would consider my legacy at Levi Strauss. One, having turned around the business and successfully headed it in the right direction, but even more importantly, left a culture and a management team behind me that's market driven, performance driven... (San Francisco Chronicle)
