Co., 430 Mass. 794, 797, 724 N.E.2nd 295, 298 . Acknowledging in passing that disputed information bearing on interpretation may be submitted to the jury, see Vergato v. Commercial Union Ins. 824, 826, 741 N.E.2nd 486, 488 , Maccabees continues to rely on its assertion that the contract unambiguously supplies a “certain only” annuity, and should have been interpreted as such by the courtroom as a matter of regulation. Foisy’s contradictory reading of the contract is of no consequence underneath Maccabees’ argument as a outcome of a mere controversy over interpretation is not, by itself, sufficient to create ambiguity.
We don’t decide that it’s necessary in every case to make express reference to “future” alimony in an settlement to guarantee that it to replicate the intent of the events with regard to future alimony. Article 2 does, obviously, embody the phrase “with simply cause.” But somewhat than granting rights to probationary workers which are excluded by statute and denied by administrative rules, that phrase is properly understood as reflecting the language of and protections extended in Mass. In addition to granting veteran troopers the proper to a pre-termination hearing, that statute establishes the standard of evaluation in opposition to which discharge choices are to be measured. A court to which a trial board determination has been appealed shall “review such finding and determine whether or not or not upon all the proof such finding and punishment was justified.” Id. . Dasey included a declare in Count IV of the criticism, during which he asserted the deprivation of a reputation-based liberty curiosity, occasioned by defendants’ refusal to grant him a post-termination name-clearing hearing. In their motion for summary judgment, defendants specifically addressed Dasey’s liberty-interest declare.
The Requested Order will permit Arch Resources, performing in the method described in this Application, to proceed to be primarily engaged within the enterprise of coal production—directly and through its subsidiaries, including the Joint Venture and two controlled companies, as described herein—without being topic to the provisions of the 1940 Act. Maccabees additionally seeks to overturn the jury verdict, contending that the proof at trial supported only the conclusion that the policy provided 60 months of funds and nothing further. Each party, nevertheless, introduced mha swimsuits expert testimony supporting a unique interpretation of the policy. John Stiefel, Foisy’s professional, offered his opinion that, based mostly on a evaluate of the document, Foisy purchased a steady and sure annuity providing lifetime advantages. Stiefel supported his opinion with cogent and pertinent observations in regards to the doc, including use of the phrase “life annuity” in the title and the shortage of any reference to an end date for funds.
It appears that what movant submitted are merely certified xerox copies, not licensed true copies of the assailed orders in violation of Section 1, Rule 65 in relation to Section 3, Rule 46 of the 1997 Rules of Civil Procedure, as amended. On November 13, 1997, a despedida party was tendered for the petitioner at the Heritage Hotel in Pasay City. The ambiance was jovial and he was even seen joking round with the opposite officers and executives present. Beginning November 14, 1997, the petitioner stopped reporting for work despite the actual fact that he was to be considered resigned solely as of December 31, 1997.
In the summer season of 2008, Balles started an intimate extramarital relationship with the feminine subordinate, which continued through his termination in 2010. The pair pursued their relationship on enterprise trips funded by Babcock, and exchanged sexually express text messages on their personal mobile telephones. Balles uploaded, downloaded, and saved photographs of the feminine subordinate, some depicting sexual content, on his Babcock-issued laptop pc. To conceal his relationship with the female subordinate from Babcock, Balles falsified the primary points of at least one travel reimbursement request, but didn’t deliberately declare any fiscal reimbursement from Babcock to which he was not entitled under firm policy.
The proceedings in the Superior Court were bifurcated right into a jury trial to adjudicate nearly all of Babcock’s counterclaims, and a jury-waived trial to resolve Balles’s declaratory judgment and contract claims, together with Babcock’s counterclaim asserting a breach of fiduciary obligation and the duties of loyalty and good religion. The basis for the negligent misrepresentation declare is that Maccabees, by way of Healy, represented that the policy provided lifetime advantages when, in reality, it did not. We note that, in determining that Maccabees breached the contract, the jury had to discover that the coverage was a sure and continuous life annuity. It would subsequently seem that any statement by Healy to that impact couldn’t be false, which means that an important factor of the negligent misrepresentation claim was lacking. Counsel for Maccabees objected to giving any instruction at all on negligent misrepresentation, based mostly on alleged lack of proof, however did not object-either earlier than the directions had been submitted to the jury or prior to the jury’s discharge after rendering a verdict-on the idea of inconsistency.
This queer-owned enterprise was established in 2012 by Fran Dunaway and Naomi Gonzalez and in addition offers form-fitting bras and underwear. The swimwear in particular is created from quick-dry, eco-friendly supplies. They also have an ultraviolet safety issue of 50, so consumers can get an additional increase of protection while they’re out in the solar. Maccabees was acquired by another firm in 1999; the administration of all contracts issued exterior of New York was transferred to a third party in Texas, initially called Cybertech and subsequently Reassure America. We will refer solely to Maccabees, quite than any of the successor entities.