... the length of time employed, 7) whether payment is by time or by the job,8) whether the work is in the regular business of the employer, 9) the subjective intent ofthe parties, and 10)whether ... 1982). In these cases, the scope of authority was much narrower than in the cases where the role of the declarant—i.e., the nature ofthe relationship—was tospeak forthe party against whom the statement ... the source of the blood; otherwise, Bonds could not be assured of the accuracy ofthe results, which was the whole purpose of the Task entrusted by Bonds to Anderson. Without identificationof...
... provides for cancellation ofthe remain-ing loan balance in the event of theft or total destruction of the collateral forthe loan minus the proceeds of any insurancemaintained on the collateral for ... contract; it therefore granted Capi-tal One’s motion to dismiss. Forthe reasons set forth below,we conclude that the district court erred. Accordingly, wevacate the judgment and remand for further ... national bank of a RIC that the partiesvoluntarily elected to be governed by the CLEC bound the national bank to the terms ofthe CLEC. We stated in Epps,"This Court and the Supreme Court have...
... would frustrate the purposes ofthe FAA. The overarching purpose ofthe FAA, evident in the text of ĐĐ 2,3, and 4, is to ensure the enforcement of arbitration agreements according to their terms ... and the course ofthe litigation,along with the traditional benchmarks regarding waiver of arbitration and the purpose ofthe Federal Arbitration Act(“FAA”), we conclude that the district court ... the bank act in good faith. For example, the bank could not properly follow an established practice of maximizing the number of returned checks for the sole purpose of increasing the amount of...
... intervals, the Act requires reevaluation of the relevant factors, and allows forthe tightening of dischargeconditions. The Act's goal of "eliminat[ing]" the discharge of pollutants ... 106-pageopinion. The EAB carefully addressed each ofthe arguments of the parties to this appeal, as well as those of seven other entities,including the states of Massachusetts and Rhode Island. The Board's ... uncertainty. The Supreme Court has recognizedthis dimension of EPA decisionmaking in the context ofthe CleanAir Act. In Massachusetts v. EPA, 549 U.S. 497 (2007), the Court held that the EPA cannot...
... and that use of Battle.net issubject to the terms ofthe TOU. The terms of neither the EULA nor the TOU appearon the outside packaging. If the user does not agree to these terms, the game may ... program; (2) the information gathered as a result ofthe reverseengineering was not previously readily available to the person engaging in the circumvention; (3) the sole purpose ofthe reverse ... much of the operation ofthe server is under the control ofthe administrator running the server. The bnetd.org server allows users to become server administrators and not justplayers on another...
... on the prevalence in the population, and more reflective ofthe test itself, lessening the impact of any unique features of the VA population. Moreover, we might expect that the PPV and NPV of ... contrast to other RA therapies where the drugs are typically discontinued if they are not effective. Because of similarities in both the descriptive characteristics ofthe study populations of biologic ... used only to capture the DAS28, the CDAI and other clinical characteristics measured at the baseline and outcome VARA visits; all other data used forthe analysis were from the administrative...
... factors such as, for example, the weight and the fitness of the patient and the duration of exercises. Compression mechanism One ofthe most important weapons in the treatment of lymphedema ... compression on the vessels; the au-thors suggest the use ofthe term ‘myolymphokinetic therapy’ when these activities or exercises result in a volumetric reduction ofthe limb. These exercises ... still required because ofthe reductions in the size ofthe limb. Because of this need of constant adjustments, we noticed that treatment centers re-quire the services of a professional seamstress....
... way. The aftermath of the 9/11 attacks has shown the growing inability ofthe various agencies of the federal government to share and analyze information. The main issue isconnecting all the ... phrase. For the sake of clarity, first we recall the meaning of the term “marketing” and review its objectives before defining ahigh-technology product. We then explore the differencesbetween the ... in a survey of 102 electronics firmsworldwide made by the consulting firm McKinsey, innovation provided the majority of growth forthe top third ofthe companies, in terms of profitability and...
... illnesses. They expunge in festival terms the depths of they’re suffering and despair and the more people they have listening to them the bigger and more fantastical their stories become. There ... knew when they were coming, as I would get a particular type of pain at the back of my head close to my neck. Before I had the knowledge ofthe law of attraction I would go running for my medication ... work for you the tenth time so instead I suggest you soften the affirmation by adding words of possibility. Go back to the 5 top-level affirmations and look at them again, and then read these...
... chronic illness can have on the lives of children, young people and their families, together with dietary self-management as the cornerstone of treatment in CD, the aims of this literature review ... 1). Searching of references yielded a further 6 papers, leaving a total of 24 for review. Of these 24, ranging in date from 1985 to 2009, papers were grouped into one of three themes: GFD adherence ... Assessment 4 Information from Peter’s mother 6 Information from Peter’s step-father 8 Information from Peter’s key worker 8 Information from my behavioural observation 9 Behavioural formulation...