Assist with federal and state restrictive
covenant cases, including first - chair representation at temporary and preliminary injunction hearings, motion practice, and settlement negotiations that have led to multi-million dollar settlements on behalf of clients
In addition to his work in labor - management relations, Richard has a great deal of experience handling wage and hour matters, employment discrimination claims, and restrictive
covenant cases.
He is widely known as a leading property litigation specialist with extensive experience of all contentious property related matters, title and
covenant cases, arbitrations (rent review, options etc.), rating and insolvency, with particular expertise in commercial leases.
Non-compete
covenant cases often move quickly, and trial court Judges need to make decisions without the benefit of full discovery.
This is a restrictive
covenant case involving a planned golf course and an adjacent residential subdivision.
Successfully litigated a restrictive
covenant case in Superior Court receiving an injunction against our client's former employee for violating his agreement not to solicit customers and accounts.
Not exact matches
However, because this is the unique
case where the natural
covenant of procreation can not bindGod, the male principle, the biological father is set aside.
In her
case, the shock came when, two years into membership, she was told she could not lead a small
covenant group of eight married couples because, as a woman, she could not be allowed to have spiritual authority over a man.
In the one
case it is the principle that, in each of a series of succeeding ages, God has tested his people in terms of their obedience to a particular form of his revelation; in the other, it is the proposition that God's salvation is divinely initiated and established, that it is the same salvation throughout the Bible, and that it is the notion of
covenant which articulates this.
But this is the
case because nature itself is part of the
covenant between God and creation.
Historical studies have made clear that both under the Old and the New
Covenants the people and the book were far more closely associated than was once thought to be the
case.
The result can be the emergence of a new dominant idea (the idea of «
covenant» in the Puritan
case), a new model or metaphor for thinking about moral obligations (contractarian metaphors in Lockean theory), or a new form underlying the relations among ideological elements (individual conscience as a decoupling mechanism).
I would like to say, you stated that the New
covenant did away with the Old if this was the
case then why Did Jesus follow all the old
covenant laws to the Tee?
On these issues, Catholics enter
covenants and have shared experiences and intuitions with Jews, secular rationalists and liberal Protestants who do not find the
case for outlawing abortion to be part of their reading of natural law.
David's response to the prophet's incisive, devastating parable is not the response of a monarch to a brash subject or courtier, but, in this
case in full contrition, of a
covenant man to the Word: «I have sinned against Yahweh!»
He makes a strong
case that the idea of
covenant, drawn from scripture and developed variously in different cultures and societies, is particularly suited to support public, just, pluralistic, federalist structures within the church and in the government.
1:2 - 3) In any
case subsequent Isaisnic tradition combines the two
covenants of Exodus and David - Zion, and the demonstrable affinity of Hosca and Isaiah as presently formulated remains.
21 (12, 15 - 17), 22 (19 f.), and 31 (15b) but thought to be an original and ancient unit, in which series the death penalty is assigned when comparable offenses in other codes are less drastically punished.13 But the death penalty in these
cases serves generally to underline the moral and religious seriousness of the
covenant community, and in the Israelite scale it in no wise conflicts with the pattern of law which places human life above all other values save two: the sacredness of family and the integrity of Yahweh.
What is in any
case clear is that
covenanting becomes a way to think about the nations and kingdoms of the earth, a way requiring risk, emotion and solidarity.
If there is any doubt that this is the
case, it is further evidenced by the fact that the prohibition against homosexuality resurfaces in the new
covenant (NT), and is articulated in three new separate prohibitions.
In both
cases above, that rejection automatically puts you under the law, the old
covenant.
In any
case, since Moses, near death, is physically unable to tolerate the rite, it is performed vicariously upon Moses» son, and this act of
covenant - making effects the cure of Moses» sickness - unto - death.
Al - Mumenoon sura 23: In the name of Allah, the Beneficent, the Merciful The Believers must (eventually) win through (1) Those who humble themselves in their prayers; (2) Who avoid vain talk; (3) Who are active in deeds of charity; (4) Who abstain from s - e-x, (5) Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess — for (in their
case) they are free from blame, (6) But those whose desires exceed those limits are transgressors --(7) Those who faithfully observe their Trusts and their
covenants; (8) And who (strictly) guard their prayers (9) Those will be the heirs (10) Who will inherit Paradise: they will dwell therein (forever).
It is in any
case a splendid summary section to the
Covenant Code, appropriately reaffirming the powers, gifts, and commitment of Yahweh himself to the
covenant with Israel.
Speaking to BusinessDay from New York, where he is meeting with key US importers and distributors who handle the bulk of the 12 million
cases a year the Griffith - based winery produces, Mr Casella hit out at recent reports, including one in The Wall Street Journal, that portrayed the business as mired in financial woes due to its first reported loss in 20 years and a breach of its debt
covenants.
In some
cases, the result is private
covenants on such questions as: Will you ban fracking?
In most
cases, there are
covenants that protect dividend rights and liquidation rights of the lesser voting shares.
In either
case,
covenants act as a safety mechanism that allows both parties to achieve its goals.
Covenants, in
case you aren't familiar, are the somewhat obscure guilds that players can pledge their allegiance to within the game world, and each his its own distinct members benefits.
If that was the
case, being incredibly inspired by the video games we admire I would endlessly be attempting to join the UNSC with a thirst to take down endless amount of
covenant scum with all the countless hours I've spent in the Halo universe.
In a conveyance made on or after the 1st day of July, 1886, there shall, in the
cases in this section mentioned, be deemed to be included, and there shall in those
cases be implied,
covenants to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject - matter or share thereof expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common: In a conveyance for valuable consideration, other than a mortgage, the following
covenants by the person who conveys, and is expressed to convey as beneficial owner, namely,
covenants for... ii.
Sorochan claims that social
covenant is of the same «constitutional importance as promises by the representatives of government to the First Nations» where court
cases evoked the legal doctrine of «honour of the Crown» which asserts that Canada is honour bound to carry out the promises of the social
covenant.
The Court of Appeal recognized that the issue was not decided by an earlier
case — Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31 — a
case where a regulatory body refused to accredit TWU on the basis that the
covenant might affect the ability of TWU graduates to teach in public schools in a non-discriminatory matter.
In this
case, the focus was on what was meant by the word «business» in a restrictive
covenant in the employee's employment contract.
Mr. Mavrick has also handled many
cases involving allegations of breach of non-competition
covenants and allegations involving breach of the common law employee duty of loyalty.
The Judge hearing the
case concluded that the restrictive
covenant in question was «manifestly too wide» and that the arguments advanced by A via its lawyers were simply «wrong».
In our 2015 regulatory round - up (here), we described the ongoing dispute arising in the Trinity Western
cases, where three professional regulatory bodies — law societies in three provinces (B.C., Ontario and Nova Scotia)-- refused to accredit a religious university which required that students sign a «community
covenant» requiring that they abstain from sexual intimacy outside of marriage between one man and one woman.
In Illinois, the basic test is whether the restrictive
covenant in an employment contract is reasonably necessary to protect the employer from improper or unfair competition, depending on the facts of each
case.
Blue - pencil severance (removing part of a contractual provision) may only be resorted to in rare
cases where the part being removed is trivial, and not part of the main purpose of the restrictive
covenant.
These
cases present for our consideration questions relating to the validity of court enforcement of private agreements, generally described as restrictive
covenants, which have as their purpose the exclusion of persons of designated race or color from the ownership or occupancy of real property.
Most of the
cases he handles deal with aspects of individual employment contracts, including hiring, termination of employment, restrictive
covenants (e.g. non-competition clauses), fringe benefits, as well as pension plans and incentive programs.
He has also represented several companies before the civil courts in
cases dealing with restrictive
covenants and the validity and financial assessment of stock purchase plans.
Our lawyers have significant experience in assisting our clients protect and develop the full value of their intellectual property by prosecuting and defending copyright and trademark infringement
cases, unfair competition actions, Internet and technology disputes, franchise disputes, false advertising claims, litigation concerning trade secrets and restrictive
covenants, and other claims relating to intellectual property.
During his 21 - year legal career, Mr. Goldberg has litigated hundreds of
cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive
covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.
These
cases address the power to address the discriminatory aspects of a requirement by a school students sign a «community
covenant» requiring that they abstain from sexual intimacy outside of marriage between one man and one woman.
While the Supreme Court of Canada permitted freedom of religion to trump equality for gays and lesbians in the B.C. College of Teachers
case, it did agree with the college that the
covenant created «unfavourable differential treatment» towards gays and lesbians.
The administrator is likely to refuse his consent, saying that the lease is needed for the purposes of the administration, and the law reports are littered with
cases where consent to forfeit has been refused by the courts, even in the face of rent arrears and an obvious breach of the alienation
covenant.
In the
case of a restrictive
covenant sought to be enforced against a former employee, agent, or independent contractor, and not associated with the sale of all or a part of:
Mr. Rooney has also litigated
cases involving
covenants not to compete, claims of breach of contract and breach of fiduciary duty, and defamation.
The Mason
case demonstrates the customary approach that the courts take to deciding whether or not a restrictive
covenant should be upheld: