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Posted in *All Posts

Customer lists of services business have been afforded protection as trade secrets

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Posted in *All Posts, Trade Secrets

The predominant measure of damages in cases involving the destruction or removal of trees and ornamental shrubs is the diminution-of-market-value measure

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Posted in *All Posts, Damages, Real-estate

The right to specific performance turns not only on whether a plaintiff has demonstrated a right to legal relief, but also whether the performance of the contract represents an equitable result

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Posted in *All Posts, Contracts, Remedy, Specific performance

When the parties did not agree on a specific time for performance under a contract, the law infers the contract will be performed within a reasonable amount of time

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Posted in *All Posts, Contracts

The objective in construing a contractual provision is to determine the intent of the parties

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Posted in Contracts

If the allegations do not set forth with specificity, or constitute as pleaded, satisfaction of the elements of legal or equitable fraud, a court may dismiss the complaint

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Posted in *All Posts, Consumer Fraud Act, Consumer Fraud Act, Fraud

Claim for breach of the implied covenant of good faith and fair dealing

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Posted in *All Posts, Contracts, Covenant of good faith and fair dealing

A bank does not owe a legal duty to a borrower

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Posted in Contracts

The statute of limitations for negligence accrues either: on the date of the act or omission giving rise to the claim, or on the date the injured party discovers, or reasonably should have discovered, that he may have a basis for an actionable claim

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Posted in *All Posts, Litigation, Negligence, Statute of Limitations, Torts

Courts lack jurisdiction to hear matters that are subject to exclusive agency jurisdiction

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Posted in *All Posts, Lack of subject matter jurisdiction, Litigation