Monthly Archives: October 2022

The withdrawal of abortion rights in the United States is mirrored in many other countries around the world, where the rise of pro-life movements has coincided with radical political or cultural changes. In other countries, abortion rights activists have successfully pushed for less restrictive laws as part of a broader fight for women`s rights. Abortion is completely legal in Russia up to the 12th week of pregnancy, as well as up to the 22nd week in cases of rape and at any time when the pregnancy threatens the life of the mother. Russia legalized abortion in 1920 for some reason, making it the first country to do so. Although a complete ban was reintroduced in 1936, this ban was lifted in 1955 and access to abortion has remained open ever since. In 2010, Russia led the world in the number of abortions per capita. In the United Kingdom, the Abortion Act of 1967 clarified and prescribed that abortion was legal for up to 28 weeks (later reduced to 24 weeks). Other countries soon followed, including Canada (1969), the United States (1973 in most states, according to Roe v. Wade – the U.S. Supreme Court decision that legalized abortion nationwide), Tunisia and Denmark (1973), Austria (1974), France and Sweden (1975), New Zealand (1977), Italy (1978), the Netherlands (1984) and Belgium (1990).

However, these countries differ considerably in the circumstances under which abortion should be permitted. In 1975, the Federal Court of Justice struck down a law legalizing abortion because it contradicted constitutional human rights guarantees. In 1976, a law was passed allowing abortions up to 12 weeks. After the reunification of Germany, despite the legal status of abortion in the former GDR, a compromise was reached that considered most abortions legal until week 12, but this law was repealed by the Federal Constitutional Court and amended to allow the repeal of the sentence only in such cases without a declaration of legality. In Shari`a jurisdictions, abortion after the 120th day after conception (19 weeks after the LMP) is illegal, especially for those who follow the recommendations of the Hanafi Law School, while most Maliki Law School jurists “believe that the soul takes place at the time of conception, and they tend to ban abortion at any time [similar to the Roman Catholic Church]. The other schools have intermediate positions. […] The penalty for illegal abortion varies depending on the circumstances. According to Sharia law, it should be limited to a fine paid to the father or heirs of the fetus.

[13] In the first half of the 20th century, many countries had begun to liberalize abortion laws, at least when they were applied to protect women`s lives and, in some cases, at the woman`s request. Under Vladimir Lenin, the Soviet Union was the first modern state to legalize abortion on demand – the law was first introduced in 1920 in the Russian SFSR, in July 1921 in the Ukrainian SSR, and then throughout the country. [5] [6] The Bolsheviks regarded abortion as a social evil created by the capitalist system, which left women without the economic means to raise their children and forced them to perform abortions. The Soviet state initially maintained the Tsarist ban on abortion, which treated the practice as premeditated murder. However, abortion has been performed by Russian women for decades and its incidence has continued to rise due to the Russian Civil War, which has devastated the country economically and made it extremely difficult for many people to have children. The Soviet state realized that a ban on abortion would not stop the practice because women would continue to use the services of private opponents of abortion. In rural areas, these were often elderly women with no medical training, making their services very dangerous for women`s health. In November 1920, the Soviet regime legalized abortion in public hospitals. The state saw abortion as a temporary necessary evil that would disappear in the future communist society, which would be able to take care of all conceived children. [7] [page needed] In 1936, Joseph Stalin imposed abortion bans that limited them to medically recommended cases only in order to increase population growth after the enormous loss of life in World War I and the Russian Civil War. [8] [9] [6] In the 1930s, several countries (Poland, Turkey, Denmark, Sweden, Iceland, Mexico) legalized abortion in certain special cases (pregnancy following rape, endangerment of maternal health, fetal malformation).

In Japan, abortion was legalized in 1948 by the Eugenics Protection Law,[10] which was amended in May 1949 to allow abortion for economic reasons. [11] Abortion was legalized in Yugoslavia in 1952 (to some extent) and in 1955 in the Soviet Union upon request. Some Soviet allies (Poland, Hungary, Bulgaria, Czechoslovakia, Romania) legalized abortion in the late 1950s under pressure from the Soviets. [How?] [12] According to the World Health Organization (WHO), the legality of abortion worldwide actually has little or no impact on abortion rates worldwide. Legal or not, abortions can, will and will take place. However, the legality of abortion affects the safety of these abortions. Women who do not have access to legal abortion often turn to illegal or “homemade” abortion options, which are typically much riskier, more dangerous, and less effective than legal options performed by professional doctors in a clinical setting. 3. In November 2020, an association of 20 Kenyan charities called on the Kenyan government to withdraw from the Geneva Consensus Declaration (GCD), a US-led international agreement designed to restrict access to abortion for girls and women around the world. GCD was signed by 33 countries on October 22, 2020. [546] In January 2021, an almost complete ban on abortion was introduced in Poland, allowing the procedure only in cases of rape, incest, or when the mother`s life is in danger.

The good news is that staff of such a PCN company can now be admitted to the NHS pension scheme through a temporary agreement which is expected to become permanent. Another advantage of a company is that the law imposes certain governance requirements and a certain level of transparency. This means that the company has a framework around which you can build. Since it is a legal person, it also acts as a person. Sure, there are disagreements in the boardroom, but they should be kept far behind closed doors, with the publicly accessible part of the company speaking with one voice. We work with many providers and contract organizations across the country to implement primary care networks, alliance agreements and new business models. We have worked on all types of cooperation agreements within the NHS: drafting, developing and adapting all types of agreements between NHS and non-NHS organisations. The formation of an NCP means the formation of a limited liability company that can be used by the NCP to assist in the delivery of the DES. Under the standard or “incompetent” form, an NCP is simply a contractual relationship between member firms and relies on a strong network agreement to detail how responsibility will be shared between firms. As PSRs increase, especially in the evolving landscape of new integrated procurement systems, so do potential liabilities. Primary Care Networks (PCNs) are groups of practices that work together to target local patient care. Read our guidelines for clinical directors on how to conduct them and access BMA`s services to help you.

Clauses 60 to 70 of the Network Agreement set out the procedure by which a member leaves an NCP. An NCP may include additional requirements in Annex 2 if agreed locally. PHOs will want to carefully weigh the consequences of a PHN member: what it means for labour, finances and service arrangements. An amendment to the network agreement is always required when a member leaves to remove it from the NCP. Each ICS will play a critical role in ensuring that PHNs collaborate with other community workers and deploy multidisciplinary teams in primary and community care. One advantage of this approach is that the corporation is a separate legal entity that grants limited liability to the member firms that own the firm. The company could employ staff for the NCP, including additional roles, rather than outsourcing it to a prime firm or other local supplier. Many imagine that with a separate legal entity, they will ensure better engagement and a more consistent approach, as they will be running a business, something that has its own identity. BMA Law`s team of specialist lawyers is available to help you carry out an NCP. Their lawyers understand that each NCP facility is unique and that all face different legal challenges. Once the NCP vehicle has been selected for incorporation, there are a number of other legal issues to consider, from drafting the shareholders` agreement and bylaws, to reviewing and amending the network agreement, to creating a subcontract to document the terms under which the supplier branch will support the NCP and its members. consultants, as some may transfer TUPE to the company`s vehicle and take into account the CQC registration requirements of your supplier branch.

A limited liability company on shares or guaranteed can act as a CIC. These are businesses that have been created as social enterprises and where the focus is on using profits and assets for the common good. A CIC has the specific objective of providing benefits to a community and must use its revenues, assets and profits for the community for which it was founded. The primary objective of a CIC is to benefit the community and not its shareholders, directors or employees. With this in mind, as a registered vehicle type, it is subject to various legal restrictions, including an asset freeze (meaning its assets cannot be sold for less than their market value) and a maximum total dividend cap (meaning that currently no more than 35% of distributable profits in a given year can be declared as dividends). In addition, it is overseen by a specialized (albeit relatively light) regulatory body that ensures that the company continues to meet the criteria of a CIC (i.e., meets the “community interest test”). ICS (Integrated Care Systems) are a means of planning and organising the provision of health and care services in England on a larger scale than NCPs. When developing an NCP, firms must ensure that the structure they choose does not incur VAT. Cooperation often takes place between organizations that have established a relationship of trust and mutual support. In these circumstances, documentation is often light and cannot always specify what will happen if something goes wrong. The network agreement is a legally binding agreement that requires large sums of money and often involves practices that provide medical services on behalf of the other. The network agreement must clearly and unambiguously define who will do what in relation to each service delivery area.

Robust processes for addressing service delivery failures must be included so that responsible service practices can take appropriate action. We have the experience and knowledge to advise you on what a robust network agreement would look like. PHNs are groups of GP practices that work closely – with other health professionals and organisations – and provide integrated services to the local population. Incorporation is the incorporation of a legal entity (most commonly a company) by a group of people, and is registered at Companies House and evidenced by a certificate of incorporation. PHNs are the building blocks of an effective STP or Integrated Care System (ICS) and are essential for better integration of the broader health and care system. The form and nature of this integration depends on the individual STP/ICS. The DES Network Contract specification requires the Clinical Director of an NCP to collaborate with the clinical directors of other PHNs in the STP/CNS area and play a critical role in the development and support of the STP/CNS by helping to ensure the full participation of primary health care in the development and implementation of local system plans. PHOs could use the network agreement to capture other measures or working methods related to the broader STP/CSI. The advantages of a business are that it has limited liability and is a separate legal entity, as opposed to a partnership or unincorporated association, which could better describe a primary care network (PCN). There are other issues to consider, such as that, unless the company has an NHS contract for primary medical services with a patient list, DES payments must be made through a practice. It must be CQC registered and have data sharing agreements.

It should be structured in such a way as to ensure that practices do not benefit from VAT. The Network Agreement is a legally binding contract that specifies how the signatory parties will work together as NCPs. It is explicitly stated that this is not an NHS contract, so disputes relating to the network agreement cannot be submitted to NHS Resolution. Yes. Payments to an NCP are payments due to any GP practice that has signed the DES network contract. Instead of receiving payments individually, general practitioner practices agree that payments will be made to a single designated payee. The specification of the DES network contract stipulates that the designated beneficiary must have a universal service contract. If an NCP wants its GP association to be the designated beneficiary, the GP association should have a GMS, PMS or APMS contract. To ensure you get the support you need, they offer a variety of flexible and cost-effective service options tailored to your needs. From network contracts to practice contracts.

Creation of a legal entity with limited liability to manage the functions of PCN? So what`s in it for you? Therefore, at SCW, we are now being asked to support PCNs with integration. Creation of a legal entity with limited liability to manage the functions of the NCP.

In legal terms, financial assistance and acquisition awards are types of contracts: a grant is a financial assistance grant whose primary purpose is to transfer an element of value from a federal agency to a recipient to achieve a public purpose of assistance or stimulus authorized by U.S. law (see 31 U.S.C. 6101(3)). A grant is different from a contract used to purchase real property or services for direct use or use by the federal government. There are occasions when an award is received that resembles a grant; However, due to federal conditions and/or negotiation requirements, a grant may be administered as a contract. If they wanted to develop a new type of drug or cure, they would spend a grant on research and development. Suppliers and recipients establish binding relationships with the government – and they must abide by the terms of the procurement contract or financial support. CU Boulder also receives grants from sponsors funded by federal agencies. Often, these subsidies contain conditions that do not require negotiation. In some cases, proponents add their own terms and conditions that require OCG grant or contract officers to negotiate. First, is there even a difference between federal grants and federal contracts? Yes, the Federal Grant and Cooperative Agreement Act of 1977 is designed to guide U.S. federal agencies in the use of funds, particularly by distinguishing between contracts, grants, and cooperation agreements. The government defines the difference in relatively easy-to-understand terms (for the government) on the grants.gov website: If the government were to buy drugs for a VA hospital, it would issue a contract to buy the drugs.

On the left side of the screen, you will find a number of search criteria for grants. If you fill in the appropriate fields, the results will be reduced to appropriate possibilities. Funding from an external entity, such as a government agency, corporation or private foundation, is recorded as grant and contract income (sometimes referred to as “sponsored” income) if it is an activity with a defined budget, performance period and scope of the university`s work and the outcome of which is expected to directly benefit the resource provider. The agreement with the external body may take the form of a contract, grant or cooperation agreement and is usually used to directly support the mission of the university. Here is an overview of who can receive federal grants: Discretion – These are competitive grants that the government awards on the basis of merit. The main difference between grant and contract revenues and contribution revenues (donations) is the benefit to the resource provider. Institutions such as foundations usually intend and may even require the recipient to consider the support as a gift. Sponsored agreements require the university to provide services such as prototypes, personal property, intellectual property rights, financial or other reports, audit rights, or other benefits to the funder`s mission or business. If the resource provider does not expect anything in return, or if the benefit provided by the university is primarily a public benefit rather than an exclusive benefit, then the transaction is a contribution.

In some cases, a lot of judgment is required. The revenue matrix contains the recommended detailed criteria used to assess whether a transaction represents a grant and contract, contribution, or educational and other revenues. Nonprofits, universities, and local governments tend to seek federal grants. Companies tend to look for contracts. The government uses grants and collaborative arrangements to help researchers develop research for the common good, while using contracts as a means of obtaining a service for the benefit of the government. Grants are much more flexible than contracts. Generally, no changes to the scope of work or budget can be made in federal contracts, whereas in the case of grants, these changes can generally be made with the consent of the university. Failure to deliver under a federal contract can have potential legal or financial consequences for all parties at the university, while in the case of a grant, a final report explaining the outcome is usually sufficient.

The distinction between grants and cooperation agreements revolves around the existence or absence of substantial participation. With respect to research activities, significant involvement is likely if a federal employee actively supports, leads, coordinates or participates in the project. This substantial involvement usually consists of either (1) managing the allocation of resources between sub-projects, sites or institutions, or (2) actively participating in the conduct of the research. Normal supervision and administration is not a significant involvement. Eligible institutions in the private and not-for-profit sectors submitted applications for funding, which were then reviewed and awarded by the granting agency. For the Cures Act, SAMHSA awarded 57 grants totaling $485 million for opioid state targeted response grants as part of HHS`s “comprehensive five-pronged strategy to address the opioid crisis” (HHS is providing states with a second tranche of grants to address the opioid crisis, HHS.gov).

Car window tint is perhaps the best aftermarket upgrade you can do on a vehicle in Louisiana. The hue of the car in this warm and sunny southern state keeps your vehicle cooler and more comfortable, even on the hottest days, blocking the heat of the sun and reducing the harmful effects of UV light on the interior of the cabin, stopping fading, cracking and fading that can severely damage the appearance of the car and reduce the resale value. In most cases, the tint of car windows in Louisiana will be dampened several times by the value received. But with the cost of window tint violations rising rapidly in Louisiana, soon reaching $350 per violation, it`s not worth having illegal window tints in Louisiana, a state where window tint laws are quite complex and easy to misunderstand. To know that tinting your windows is legal in Louisiana, it`s essential to understand the percentage of VLT, or the percentage of visible light transmission, which simply indicates the amount of visible light-tinted glass that will pass through. Contrary to what one might expect, small numbers mean a dark hue: the lower the VLT index, the less light penetrates and the more tinted the window is (e.g. dark). Thus, the 5% VLT hue, the dark intimacy hue commonly seen on sedans called sedan hue, is quite dark, while the 9% VLT hue is almost light. Note that even a very transparent window tint can block out 99% of the sun`s harmful UV light, reduce interior heat, and even reduce glare – don`t think you need a dark privacy tint to get the main benefits of window tint for vehicles. And if you want a darker car window shade in Louisiana, make sure you follow the rules. At A2D Auto Films, we ensure that our car window tinting services comply with the latest rules and regulations.

We serve many customers in Pearl River, Slidell, Marrero and New Orleans, LA, and Picayune, MS. You can also learn more about our automotive ceramic coating, car wash and other luxury car detailing services on our website. Window tint regulations were enacted in Louisiana in 1993 and have changed several times in the years since they were introduced, so it`s a good idea to check the latest rules from time to time to make sure your tint is still compliant and, of course, to make sure any new tint, that you are considering is legal. There are no rules for side mirrors if you have tinted windows in Louisiana, but it`s usually a good idea to make sure you have side mirrors that work properly if you reduce the clarity of vision through the rear windows in any way. While most window hue colors are allowed by Louisiana state law, regulations prohibit red and amber tones. Manufacturers who sell and installers who work with auto window tint in Louisiana must confirm that the film they offer is licensed in the state, and you must have a sticker that identifies the tint of your vehicle`s glass as legal between the window film and the glass on the driver`s front window. There are no medical exceptions for darker window tint under Louisiana law, but the 40% shade allowed should be enough to relieve problems caused by the skin or eyes of people who are particularly sensitive to sunlight. The state of Louisiana required a label/sticker to identify legally tinted windows that include the name of the installer and the city where the business is located. Currently, the government has guidelines for SUVs and vans. Your windshield may have a reflective tint that is the same as sedans. Similarly, the front side windows of SUVs and vans should let in at least 40% light.

There are no set guidelines for the rear side windows and rear windows of SUVs and vans, and owners can use any shade. Louisiana`s car window tint laws were first enacted in 1993 and have undergone many changes since then. We have tried to cover all the details related to the rules of dyeing in the state. Being aware of these laws can save you from hefty fines and other serious consequences. The Ministry of Public Safety and Correctional Services issues a special sticker that, for medical reasons, must be clearly displayed on vehicles at all times to indicate tinted windows. A medical exemption affidavit must also always be carried in the vehicle. Illegal window tinting in Louisiana is considered a civil offense, not a criminal issue, but the penalties can still be pretty harsh. A first offence will be dealt with with a $150 ticket. A second ticket for illegal window tinting in Louisiana will cost you $250. And a third violation will come with a $350 ticket, the price for all subsequent violations.

At this speed, a few window-tinted tickets will cost you more than installing a legal window tint on your vehicle. Since officers can still use a portable device to check visible light transmission, don`t think you`ll get away with an illegal tint until it`s time to inspect: your illegal glass tint could become a problem at any time, even if you`re arrested for a completely different reason. As with cars, the front side windows of vans, trucks, and SUVs in Louisiana can only be tinted up to 40 percent VLT darkness, but there`s a lot more wiggle room with rear windows. Larger vehicles may have rear side window obscurity, and the same goes for the rear windshield. This allows for complete privacy and is ideal for paint shops, for people who care about the privacy of their families, and simply because it allows for many customizations to the appearance of vehicles. However, this indulgence does not extend to reflectivity: no window of a Louisiana-registered vehicle can be more than 20% reflective. While we`ve outlined all the important rules and regulations, it`s also important to note that authorities in your area may interpret these laws differently. To avoid trouble, be sure to get your dyeing services from experienced professionals who know the laws. All vehicle owners, regardless of vehicle type, are allowed to use tint reflection to avoid or reduce glare and heat. However, current laws allow them to use some type of window reflection for hue. The guidelines for hue reflection are almost the same for all vehicles.

Currently, laws only allow 20% reflective tints for all car windows and each type of car. Anything beyond that will result in a violation of applicable laws. If you have obtained an exemption and have applied a darker shade to your vehicle, you are obliged to remove it in the event of a sale or transfer of the vehicle. * Table and image source: instamotor.com/blog/window-tinting-laws-50-states As in most states, cars in Louisiana are subject to different window tint restrictions than larger vehicles such as trucks, vans, and SUVs, so we`ll treat cars (sedans, coupes, and non-SUV sedans) separately. And since each window of a car is also subject to different dyeing laws, we will also discuss this individually. Louisiana window tint laws allow a tint of up to 40% VLT on the front side windows and with a reflectivity not exceeding 20%. The rear side windows of a car can be tinted to 25% darkness, which offers plenty of privacy from unwanted glances from any distance from the car, but does not completely obscure the view. In Louisiana, the rear window of a car, i.e. the rear windshield, can be tinted to a very dark VLT of 12% or more. There are currently no restrictions on side mirrors. However, the authorities have banned the use of certain colors for dyeing.

On the one hand, IPTV exists in different forms outside of legal vs illegal jargon for this context. Many IPTV services are called VOD, which stands for Video On Demand. These are platforms that allow you to stream content at any time and do not have a fixed or fixed schedule. Netflix and Youtube are by far the biggest examples of VOD platforms. In addition to paid IPTV services, there are also several free IPTV apps that are 100% legal to install and use. The main concerns when using an unverified service are legal issues and possible identity/security breaches. A person`s IP address usually allows you to specify their location and find out who their Internet Service Provider (ISP) is. Among other things, these providers may also use IP addresses to identify individuals who may be illegally downloading content online. Similar to the Kodi player, Android boxes that are not marked as “fully charged” are also legal. I recently reviewed one here. However, you are responsible for what you install in your Android TV box. However, a merchant who sells Android TV boxes and points out that he can open named live sports channels (which he is not allowed to) could get into trouble. I have an Android box, I use Kodi on it, but it`s for personal use.

A second scenario: if you subscribe to an illegal IPTV service and view the stream in a public place (hotel, bar, club, etc.), you are infringing copyright. God help you if such content is about Hollywood movies or high-end sports, because you are more likely to be sued. In most cases, if you only watch TV at home, there is really little or no risk. @Rick: Are the channels you watch owned or licensed? Just watching their sports channels, I can confidently tell you that eystream tv is an illegal IPTV service. As an end user, you may not have a problem as long as you use it with a VPN. So, is IPTV illegal? IPTV is legal as long as it follows and follows the rules of copyright infringement laws. In this sense, the question of whether IPTV is legal is very similar to the question of whether downloading data from the Internet is legal or not. The problem with such a question is that it is too broad to justify a simple yes or no. While IPTV services were punishable for providing illegal content, there weren`t many penalties for users who intentionally streamed copyrighted material. Another thing to note is the existence of devices called IPTV boxes. Many of these brands exist today and are designed to work with a variety of IPTV subscriptions, both legal and illegal.

It may seem difficult to say which of these IPTV boxes are legal or not, but in most cases, if the product is advertised as “fully charged” or something like that, it probably means it`s compatible with illegal IPTV plans or even pre-configured. In this segment, I will list different forms of IPTV subscriptions, both legal and illegal. I would also be given a few examples. In late 2020, the U.S. Congress passed a criminal streaming bill that classifies the exploitation or exploitation of illegal streaming services as a crime. Especially relevant, you can visit their office or call them. If you go through the back door, you are viewing their contents illegally. Also, at the end of this article, I will add some links that would shed more light on legal and secure IPTV services.

If you separate the two words, you have streaming on one side and hacking on the other. First, a stream means a method of sending or receiving data (especially video and audio material) over a computer network or the Internet. Piracy, on the other hand, involves the illegal copying, distribution or use of content. In the context of this article, we are talking about broadcasting piracy. While not all add-ons are illegal on fully loaded Kodi boxes, some are likely. Also, some of the add-ons and apps are substandard, making them potentially more tedious than they`re worthwhile. The best way to enjoy IPTV is through the many well-established legal options. Some of the best IPTV streaming services are: Another telltale sign of an illegal IPTV service is the quality of the content. Illegal content recovery can usually result in lower quality video and audio streams. One thing to note is that legal services like Netflix have a monthly fee, but many other IPTV programs are completely free or only require a one-time payment.

While this is not an iron rule, it is still a good rule of thumb. Many illegal IPTV services follow this modus operandi. Check out our full list of IPTV boxes for the best legal streaming devices on the market when it comes to watching live TV. What is really illegal is being the person who redistributes them and sends them to an audience. For example, posting content from an illegal IPTV service is not technically a violation of the DMCA. However, downloading such content and then sending the files to others or posting them online would be a violation of the DMCA. Our list of legal IPTV providers includes paid and free options to watch live TV on any streaming device. IP streaming is the streaming of content by someone other than the source, and it can be completely legal if the IPTV service has been licensed for the content. Since there may not be an easy way to determine if an IPTV service is legal, you need to look for telltale signs. However, the best option is to stick with legitimate and established IPTV services.

Legitimate IPTV subscriptions can be more expensive than using illegal websites. But it`s a fair price to pay for enjoying high-quality on-demand streaming without the risk of getting into legal trouble, getting hacked, or getting malware on your device.

The Arbitration Act 2010 came into force in June 2010. It applies to all arbitrations in Ireland, both nationally and internationally. The Act adopts the Model Rules published by the United Nations Commission on International Trade Law (UNICTIRAL). Arbitration proceedings initiated prior to June 2010 will be conducted under the previous legislation, the Arbitration Acts 1954-1980. Arbitration proceedings commenced after that date shall be conducted in accordance with the 2010 Act and the Model Rules. Virtually all major trading countries in the world are parties to the Convention, while relatively few countries have an extensive network for the cross-border enforcement of judgments. In addition, arbitral awards are not limited to damages. While, in a cross-border context, only monetary decisions of national courts are generally enforceable, it is theoretically possible (although unusual in practice) to obtain an enforceable order on the enforcement of a specific arbitration proceeding under the New York Convention. When negotiating the terms of the arbitration agreement, the parties generally decided whether or not to hold oral proceedings. In the absence of consensus, the Code provides for the arbitrator to rule on footnote 25. The conduct of hearings must be fully accessible to all parties to the arbitration, and each participant must be duly informed of each session of the tribunal to consider the evidence to be presented as evidence in footnote 26. The main law applicable to arbitration is usually contained either in national private international law law (as in Switzerland) or in a separate arbitration law (as in England, the Republic of Korea and Jordan[20]). In addition, a number of national procedural laws may also contain provisions on arbitration.

Arbitration is a private method of dispute resolution in which the parties have agreed that their dispute will be heard and decided by an arbitrator rather than a judge in court. Arbitration is often referred to as “alternative dispute resolution”, i.e. an alternative to contacting a court. In many ways, arbitration and litigation are similar, but there are important differences that we will highlight throughout this article. By far the most important international instrument on arbitration is the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, generally referred to simply as the “New York Convention”. Virtually all major trading countries are signatories, and only a handful of countries are not parties to the New York Convention. In Canada, arbitration is regulated by law. Each province and territory has its own arbitration laws Footnote 1. At the federal level, commercial arbitration is governed by the Commercial Arbitration Act Footnote 2 (ACA), which came into force on August 10, 1986. The CAA is an abbreviated statute primarily intended to introduce the Commercial Arbitration Code (“the Code”), which is an appendix to the CAA and provides a basic procedural framework for commercial arbitration.

The Code applies to all commercial arbitrations in which at least one of the parties is a federal department or Crown corporation, or with respect to admiralty or maritime law matters where the place of arbitration is Canada. Footnote 3 The Code is explained in more detail in this module. To better understand how arbitration works, it may be beneficial to compare arbitration to disputes and other alternative dispute resolution methods. The Arbitration Act imposes a duty on the arbitral tribunal to act fairly and impartially between the parties by giving each party a reasonable opportunity to present its arguments and respond to those of its opponent. The arbitral tribunal shall have the power to use procedures appropriate to the circumstances of the case in order to avoid unnecessary delays or costs and to provide a fair means of resolving the dispute. In U.S. arbitration, there is modest but significant jurisprudence dealing with the power of courts to intervene when an arbitrator`s decision is fundamentally contrary to the principles of applicable law or the Treaty. [41] However, this jurisprudence has been called into question by recent Supreme Court decisions. [42] (e) A declaration may not be modified if it does not fall within the scope of the arbitration agreement.

There are several arbitration bodies, including the American Arbitration Association and JAMS. The National Arbitration Forum also conducts arbitrations, but no longer conducts consumer arbitration under a 2009 consent decree because it was proven to have bias against credit card companies and incentives that favored credit card companies over cardholders. The AAA was also ordered to leave the store,[22] but did not. The arbitrator is usually a highly experienced lawyer (often a retired judge) appointed by mutual agreement between the parties to hear the case. A unique feature of arbitration is that the arbitrator can be assisted by experts to help evaluate complex technical evidence. In ordinary disputes, a judge would not benefit from this type of assistance and would have to rely on the evidence of the parties` own experts. The Supreme Court has ruled that the Federal Arbitration Act (FAA) of 1925 establishes public policy in favor of arbitration. For the first six decades of its existence, courts did not allow arbitration for “federal claims” through a clear doctrine of “non-arbitration,” but in the 1980s, the U.S. Supreme Court struck down the law and began using it to require arbitration if it was included in the contract for federal claims. [21] While some legal scholars believe that it was originally intended to apply only to federal courts, courts now routinely require arbitration under the FAA, regardless of state laws or state court decisions on the unreasonableness of public policy. [21] In consumer law, standard contracts often contain mandatory pre-litigation arbitration clauses requiring consumer arbitration.

Module 1: History of International Investment Law Students should have a basic knowledge of international law. The course focuses on the protection of foreign investments under international law. This is done on the basis of contract law – i.e. bilateral and multilateral investment protection treaties – as well as customary international law. Key concepts such as expropriation, fair and equitable treatment, state responsibility and attribution are addressed. Another important aspect of this module is the interpretation of treaties on the basis of the Vienna Convention on the Law of Treaties. The protection of foreign investments has long been part of international law. But in recent decades, the field has changed considerably. Whereas foreign investors previously relied on diplomatic protection from their home countries, international investment law is now based on a system of arbitration of disputes between individual investors and host Governments. This area is now of real and practical importance, both for firms investing abroad and for host countries where such investments are made, particularly developing countries. The course deals with the relationship between foreign investors and host country governments under international law.

The course focuses on protecting the rights of foreign investors against the exercise of state authority, but the liability of foreign investors is also covered. An immediate outcome of Columbia`s Second International Investment Conference “What`s Next in International Investment Law and Policy?” (30.-31. October 2007), was the start of an international investment project. Prof. Dr. Andrea K. Bjorklund of the University of California, Davis, School, School of Law, is leading the project on behalf of the Columbia Center on Sustainable Investment (CCSI). The ultimate goal of the project is to create model programs for international investment law and make them available to higher education institutions around the world, particularly in emerging markets. Other study programmes on foreign direct investment law and policy: International Investment Law (5011): In recent decades, the number of bilateral investment treaties and other agreements with investment provisions has increased considerably, followed by a sharp increase in the number of disputes between private investors and sovereign States under dispute settlement provisions between investors and states (ISDS). This course will cover four main areas: (I) the historical and political origins of international investment law; (ii) substantive obligations and norms governing investor-State relations; (III) investor–state arbitration; and (IV) current controversies over the legitimacy and appropriateness of ISDS. The course uses materials from IIT texts, case law and commentaries to enable students to evaluate legal doctrine and apply it to future situations. Students will create a variety of writing assignments such as case commentaries and short “memoirs.” After the start of the semester, students admitted to the course may, with the consent of the instructor, move from section (01) to section (02) that meets requirement R.

Elements used in grading: class attendance, attendance and homework(s). In June 2011, we published three “model” programmes in the area of international investment law and international investment policy. One is designed for a one-semester course that covers both the political aspects of international investment law and dispute settlement. The other two are designed to complement each other for an entire academic year, with the first semester focusing on policy and the second semester on dispute resolution. We hope they will help those interested in teaching investment law when considering structuring their courses – these are simply models that individuals may want to adapt to their private lessons. Curricula are not set in stone; They will evolve as investment law evolves. With that in mind, we look forward to your suggestions for improvement. Learn about the characteristics and dynamics of an important area of international law that grants rights to foreign investors to promote the development of states. The first step to achieving this goal was to find out what courses are currently offered and what content they have. Therefore, we have assembled curricula in the field of international investment law and related public policy issues (see below). We invite experts in international investment law and policy to continue to send their programs to Professor Bjorklund.

The ISAC also hosted two faculty advisory workshops where participants from more than a dozen institutions came together to review model curricula, identify gaps, and discuss topics that should be addressed in model curricula.

Craig Whitney is a partner in our Intellectual Property and Intellectual Property and Misleading Publicity Litigation Group. Craig advises emerging, high-growth and established companies in a variety of industries, including media, technology, publishing, apparel, pharmaceuticals, cosmetics, finance, arts, entertainment and design. He deals with copyrights, trademarks, rights of publicity, false advertising, trade secrets and patents, protects intellectual property rights from potential infringers, and defends clients against illegal allegations of infringement. Craig also advises clients on trademark management and licensing. He oversees intellectual property investigations and class actions. Craig pursues domestic and foreign trademark applications and actively assists clients in navigating the rapidly evolving IP law landscape. He is an experienced arbitrator and a member of the American Arbitration Association (AAA). The three broadest segments of an IP practice are consultation, protection and enforcement. Client counselling focuses on how best to protect the intellectual property that the client has or wishes to develop.

In trademark law, the lawyer carries out research on the trademarks proposed by the client and advises the client on availability. In cases where a customer has already invested time, energy, and money and a previous use is in a similar industry, conversations with a customer may involve changing or even abandoning the customer`s brand. In the case of a patent attorney, the lawyer must have technical training to better understand the client`s patent and assess its validity or likelihood of patent infringement. Intellectual property law deals with laws protecting and enforcing the rights of creators and owners of inventions, writings, music, designs and other works called “intellectual property”. There are several areas of intellectual property, including copyright, trademarks, patents and trade secrets. Intellectual property – intangible assets such as musical, literary and artistic works; discoveries and inventions; and words, phrases, symbols and drawings. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, trade dress and, in some jurisdictions, trade secrets. They can sometimes be described as intellectual property rights. Why choose intellectual property (IP) protection, which could potentially benefit you, instead of making it freely available? Are there any types of IP that should be more publicly available? These are complex issues that continue to be explored and discussed as our innovation economy and information sharing capacity rapidly evolve.

If you`re working with others on projects where intellectual property (IP) can be developed, you should probably consider issues of co-authorship and commissioned work. In this blog post, we will explain some of the basics and give some examples of when these issues can occur. Session I – What Every GP Needs to Know About IP But Was Afraid to Ask – Charles Macedo Many non-IP lawyers do not have sufficient experience in patent, trademark and copyright law (or other IP law matters) to identify problems, let alone guide clients to the right professional. In this webinar, Charley Macedo, Partner at Amster, Rothstein & Ebenstein LLP, will explain the basics of identifying IP issues for the general practitioner. He holds a J.D. from Columbia Law School, where he received the Carroll G Award. Harper for achievements in intellectual property, and a Bachelor of Arts from Brandeis University. Social media influencers and content creators work hard to build a reputation for expertise on specific topics, brands, and industries. In fact, the influencer marketing industry is expected to be worth $15 billion by 2022 and is currently about 15%. Finally, the enforcement of intellectual property involves protecting the owner of intellectual property from unlawful use. This can lead to litigation in federal courts.

Intellectual property protection includes the registration of the trademark, patent or copyright in order to obtain the greatest possible rights to the client`s assets. In the case of a trademark or patent, the process involves preparing and filing an application with the United States Patent and Trademark Office (PTO) and answering PTO action questions until the trademark is registered or patent issues exist. Josh is regularly recognized for his high-profile exhibitions in intellectual property, media, entertainment and technology. He is also a frequent speaker and has written numerous articles on emerging trends in IP. He is also an active member of the Intellectual Property Bar Association and chairs various committees and working groups on copyright, social media and software. Act as Secretary of the ABA Intellectual Property Law Section and former member of its Board of Directors; and communicating with other organizations on copyright and publicity matters. He is also a member of the advisory board of the Kernochan Center for Law, Media, and the Arts at Columbia Law School. Patent law protects new inventions, which may be products, processes or designs, and provides a mechanism to protect the invention. The Patent Act encourages the exchange of new developments with others in order to promote innovation. The patent owner has the right to protect others against the manufacture, use, distribution or importation of the protected subject matter. Essentially, a patent is an intellectual property right that can be licensed, sold, pledged or assigned.

Other components of the practice may include licensing, due diligence related to mergers and acquisitions, and the development of international and domestic intellectual property protection strategies. The skills that are useful for lawyers in the IP field are communication skills – written and oral, negotiation skills and business acumen. Intellectual property law often has national and international considerations. The following overview serves as an up-to-date overview and guide on IP: Session I – What Every GP Needs to Know About IP, but Feared | 12:00 – 13:00 1. Introduction | 12:00 – 12:15 2. Examination of the main types of intellectual property law | 12:15 – 12:45 Most state bar associations will also have an intellectual property department, and a list will also be maintained on the AIPLA website. By Josepher Li and Michelle E. Armond | October 18, 2022 Access recorded courses and earn self-study loans. The recording will be available 5 business days after the live broadcast. Free access to all CLE programs with active subscription. Annual subscription only $395/year Charles R.

Macedo| Amster Rothstein & Ebenstein LLP a. Copyright b. Trademarks vs. Patents d. Tort e. Trade Secrets f. Contracts Session II – Copyright 101 | 13:10 – 14:10 1. What is copyright – what rights are protected| 1:10 p.m. 1:22 p.m. 2. What is protected by copyright – idea or expression| 1:22 p.m.

– 1:34 p.m. 3. Benefits of | Registration 1:34 p.m. – 1:46 p.m. 4. Counterfeiting| 13:46 – 13:58 5th | fair dealing 1:58 p.m. – 2:10 p.m. A. What you can do if your trademark or similar confusing trademark is unauthorized – cease and desist letters, filing a lawsuit in Federal Court b. What to do if someone accuses you of infringing their trademark rights – Defense against trademark infringement v.

What compensation is available for a person whose rights have been violated? d. How long is the limitation period for claiming trademark infringement? Session III – Are embedded images a copyright infringement? | 14:20 – 15:20 1. Context of the “server rule” of the 9th arrondissement| 2:20 p.m. to 2:30 p.m. 2. Developments in the integration of case law and social media| 14:30 – 14:50 3. Recent cases where the “server rule” is challenged| 14:50 – 15:10 4. Q&A| 3:10 p.m. – 3:20 p.m.

Video on Demand: Access CLE 24/7 through an on-demand library and playback at any time. Qualifies for the CLE Self-Study Credit. On-demand versions are available 5 business days after the original registration date and are visible for up to one year. Other courses may include general courses in litigation, administrative and constitutional law, and we refer you to the program guide for more details. He holds bachelor`s and master`s degrees in physics from The Catholic University of America and a law degree from Columbia Law School, all with honors. From 1989 to 1990, he was the Honorable Daniel M. Friedman`s sole associate on the United States Court of Appeals for the Federal Circuit. The recipient of AIPLA`s prestigious Robert C. Watson Award, Mr.

Macedo, is included in Super Lawyers, IP Stars and Million Dollar Verdict. He has also been a member of the editorial board of the American Intellectual Property Law Association Quarterly Journal and is currently a member of the editorial board of the Journal of Intellectual Property Law and Practice, published by Oxford University Press.

There are some steps you need to take if you`re injured on the job: Maine requires almost all private and public companies to purchase workers` compensation insurance. The only exception is in the agricultural and aquaculture industries, which employ seasonal workers. The Maine Department of Business Services says Maine has a flawless system when it comes to settling workers` compensation. This system entitles you to benefits for medical expenses, loss of earnings and permanent impairment resulting from an occupational injury or disease. Skidding and social security systems are difficult to navigate. The stakes are high. Being injured and unemployed is stressful enough, you don`t have to do it alone. Let us put our decades of expertise at your service. Over the decades of her legal career, Suzanne has combined representing injured workers to obtain the benefits to which they are entitled with her need for long-term planning for their personal and family safety.

In Maine, 41% of workers` compensation claimants are over the age of 45. The most common injuries that occur are sprains, strains, tears and overwork. These violations account for more than 50 percent of claims filed in Maine, according to the Maine Bureau of Labor Statistics. Most of the claims filed relate to back problems resulting from repetitive movements, inadequate training or excessive exertion with strenuous activity. Maine`s workers` compensation laws state that you can receive benefits for up to 520 weeks if you are partially unable to work. The payment is 80% of your after-tax salary. There is no minimum weekly payment in Maine. The maximum is 90% of the average weekly wage, or $596.42. Traditional legal representation is at the heart of the program. The Advocate`s staff has broad responsibilities for injured workers, including: participating in mediation and hearings; conducting negotiations; act as a source of information; advocate and support workers for rehabilitation, return to work and job security; and contact insurers, employers and health care providers on behalf of the injured worker.

We help injured coastal workers get compensation for their injuries and cover past and future medical expenses. We have represented workers suffering from all kinds of injuries on the coast. Julie has over thirty years of legal experience helping injured workers on the job, specializing in filing longshoreline claims, and helping hundreds of Maine workers ensure they receive the disability benefits they deserve. The Maine Department of Labor states that if an initial report was filed in Maine about an employee who missed one or more business days due to a work-related injury or illness, the statute of limitations for a workers` compensation claim is 2 years from the date the report was filed. If no report has been submitted, it is 2 years from the date of injury or discovery of symptoms. You should seek medical attention immediately if you have been injured or have symptoms. After that, it is important that you submit a report to your employer as soon as possible. There may be a dispute between you and your employer. If this is the case, it is best to try to settle it without filing a motion. If it cannot be resolved, you can contact a lawyer to file your petition.

Since 2000, Harrison Barnes, founder of BCG Attorney Search, and his experienced legal recruiters have placed thousands of lawyers and are leaders in the service of lawyers. These companies include the world`s largest and most popular legal construction site, LawCrossing; The L. The Legal Centre for Injured Workers practices law in the following areas and works with its clients to provide the best possible legal solutions. Our experienced team has helped thousands of Mainers get through tough times. Work-related longshoreline injuries, asbestos-related claims and Social Security disability insurance. Once you are a member of our law firm, we will not let you go alone once your case is resolved. Estate planning is the process of organizing all aspects of a person`s financial, legal and personal affairs to guide them and their family through transition and old age. The Worker Advocate Program provides free legal representation to aggrieved workers who file a claim with the Workers` Compensation Board. For an injured worker to be eligible for assistance, the injury must have occurred on or after January 1, 1993; the employee must have participated in the Commission`s assistance program; the employee must not have resolved the dispute informally; Finally, the employee must not have benefited from private legal assistance. Charles practiced longshore, workers` compensation, disability and injury law throughout Maine for thirty years. He now represents injured contractors of war-supporting employers, violations of defense bases, around the world. Once you have received a medical diagnosis related to your illness or injury in your workplace, you must apply to your employer.

This is the next important phase in the operation of Maine Worker Comp. If you tell your employer that you were injured on the job, they must: You must inform your employer (which may mean a supervisor or management) that you were injured within 60 days of the injury. The law firm of Basham & Scott LLC provides legal services to individuals and businesses in Brunswick, surrounding counties on the coast of Maine and throughout the state.

Therefore, we stipulate that a party who lives with another without a subsequent marriage has the right to be discharged if an express contract or viable theory of equity, such as an implied contract or unjust enrichment, is presented. Unjust enrichment. The most revealing part of Judge McKinney`s statement concerns Conseco`s unfair enrichment trial against Murray`s wife. According to Indiana law, “a person who has been unjustly enriched at the expense of another is obliged to make a refund in order to reimburse the other.” To succeed in an unfair action for unjust enrichment, a plaintiff must “prove that the defendant was granted a measurable benefit in circumstances such that the defendant`s continued benefit would be unjustified without payment.” Here`s Conseco`s theory: The trial court ruled that CSCI was entitled to the unpaid amount plus its attorneys` fees (under the Indiana Mechanic`s Lien Act). Walsh appealed, arguing that since HICA had prevented an infringement action, SCC should also be prevented from recovering on the basis of an unjust enrichment theory or under mechanic`s privilege. The trial court based its decision on the concepts of implied contract, unjust enrichment and considerations of equity. The trial court held that the relationship could involve a contract based on Bright`s control over Kuehl and that his expenses outweighed his contribution to his own benefit and that Kuehl was therefore entitled to compensation. Decision: The Indiana Court of Appeals upheld the trial court`s decision. In the absence of a contract, a party can recover under a theory of unjust enrichment – a just doctrine that allows recovery when the circumstances are such that justice requires recovery, as if there had been a promise. A mechanic`s privilege is fair in nature and based on a theory of unjust enrichment. The Court of Appeal concluded that it would be unfair to Walsh to retain the benefits of CSCI`s services despite CSCI`s failure to comply with HICA. Other jurisdictions have also adopted this right of appeal, ruling that unmarried couples may, after the end of their relationship, assert equitable rights such as an implied contract and unjust enrichment if either party seeks to retain an unreasonable amount of assets acquired through the efforts of both. See, for example, the landmark decision Marvin v.

Marvin (1976), 18 Cal.3d 660, 134 Cal. Rptr. 815, 557 P.2d 106 (1976) and also; Boland v. Catalano (1987), 202 Conn. 333, 521 A.2d 142; Freemason v. Rostad (1984), D.C.App., 476 A.2d 662; Eriksen`s Estate (1983), Mn., 337 N.W.2d 671; U.S. v. Hay (1984), 100 Nev.

196, 678 p.2d 672; Collins v. Davis (1984), 68 N.C. App. 588, 315 S.E.2d 759, aff`d by 312 N.C. 324, 321 S.E.2d 892; Knauer v. Knauer (1983), 323 Pa.Super. 206, 470 A.2d 553; Watt v. Watts (1987), 137 Wis.2d 506, 405 N.W.2d 303, examination rejected. *316 Bright also submits that the trial court erred in applying the doctrine of unjust enrichment. To assert a claim for unjust enrichment, a plaintiff must prove that a measurable benefit was provided to the defendant in circumstances such that continued performance without payment by the defendant would be unjustified. [7] Bayh v. Sonnenburg (1991), Ind., 573 N.E.2d 398, 408, reh.

denied, cert. denied, 502 U.S. 1094, 112 p. ct. 1170, 117 L. ed. 2D 415. The principles of equity prohibit unjust enrichment by a party that accepts the unclaimed benefits of another party even if it has the opportunity to deny those benefits. Olsson v. Moore (1992), Ind.

App., 590 N.E.2d 160, 163, deer. denied. Here, Bright and Kuehl moved in together and shared their costs. They mixed their funds and basically managed their finances together. Although Kuehl made a larger financial contribution, we cannot conclude that Bright was unfairly enriched by its shares, as Kuehl retained much of the assets acquired during their cohabitation. While we recognize that unjust enrichment is a remedy available to one party who has lived with another, we disagree with the trial court that Kuehl has demonstrated that Bright unjustly enriched himself. We therefore conclude that the trial court`s appeal for unjust enrichment to award Kuehl`s remedy was inappropriate. Conseco claims to be a creditor of Murray; that he has made a legitimate claim for fraudulent transfer against him; that Murray gave Margaret Murray a measurable advantage through her fraudulent transfers; and that Margaret Murray unjustly enriched herself at the expense of Conseco. Consequently, Conseco argues that it would be unfair to Margaret Murray to retain the assets fraudulently transferred by Murray without payment to Conseco. [7] We note that unjust enrichment, quantum meruit, implied contract, implied contract and quasi-contract are merely legal fictions invented by common law courts to allow recovery when in fact there is no contract, but where the circumstances are such that, under the law of natural and immutable justice, Recovery should be done as if there had been a promise.

Bayh, infra, p. 408 (citing Clark v. Peoples Sav. & Loan Ass`n (1943), 221 Ind. 168, 171, 46 N.E.2d 681, 682). With all due respect, I disagree. I do not disagree with the assertion of the majority in the legislation. Admittedly, the evidence is such that the court could not have concluded that there was an implied contract or unjust enrichment. However, the evidence also supports the court`s conclusion, and I believe the majority is guilty of reassessing the evidence and the reasonable conclusions to be drawn from it in deciding to overturn the decision.

That is not our job. It is therefore now necessary to consider whether the trial court validly granted Kuehl a remedy on the basis of implied contract and unjust enrichment and whether there was sufficient evidence to support the judgment. [6] Third party? The tricky issue in this case concerned Murray`s assertion that Indiana law required that Conseco had been directly beneficial to her. Having received no (money) benefit directly from Conseco, Ms Murray argued that the action should have been dismissed. The legal question was whether a benefit granted by a third party (her husband) could support an unfair enrichment action in Indiana. The General Court, relying on similar case-law against Ms Murray, concluded that Conseco had validly asserted a right of appeal, even though Conseco argued that Mr Murray and not Conseco had granted the advantage. McKinney J.`s dismissal of the defendants` motion to dismiss in Murray v. Conseco, 2008 U.S.

Dist. LEXIS 85500 (S.D. Ind. 2008) (pdf: Murray) discusses the relatively new approach of exploiting a common law claim for unjust enrichment in a fraudulent transfer case. The U.S. District Court for the Southern District of Indiana found that the plaintiff creditor had asserted a viable claim for unjust enrichment. As mentioned earlier, such causes of action can help safe executives struggling with the collection of default judgments. When analyzing various reorganization options where you, as a secured creditor, believe that a borrower or guarantor has transferred assets to avoid collection, you should consider the appropriateness of a claim against the purchaser based on the doctrine of unjust enrichment. While I have not seen the theory in action, the theory of unjust enrichment seems to lend itself to the possibility of a lighter burden of proof than the UFTA`s claim. I would like to hear from those of you who have seen the benefits of this alternative theory. HICA generally requires a do-it-yourselfer to provide a consumer with a written home improvement contract with certain conditions. At trial, CSCI only pursued claims for the lien and unjust enrichment of its mechanic, knowing that it would not be able to assert its breach of contract claim due to its non-compliance with HICA.

Walsh filed a counterclaim based on CSCI`s breach of HICA. Kuehl then sued Bright for damages arising from Bright`s alleged unauthorized use and control of his credit cards and checkbook, Bright`s destruction of his personal property, medical expenses as a result of Bright`s physical assaults, and Bright`s excessive use of the phone. Kuehl sought $14,000 in damages, plus triple damages, punitive damages and attorneys` fees. Bright filed a counterclaim for damages and punitive damages based on Kuehl`s unjust enrichment due to the preservation of his personal property and the pain and suffering resulting from Kuehl`s abusive conduct. Remanded in custody with direction to the trial court to set aside judgments on damages and punitive damages in Kuehl`s favor. Catherine L. (Carpenter) Bright (“Bright”) appeals the judgment of the trial court for damages against her and in favor of Ronald E. Kuehl, Jr.

(“Kuehl”). In his appeal, Bright raises four points for our review, which we summarize in two and rephrase as follows: McKinney J. dismissed Murray`s request to dismiss the UFTA`s lawsuit. Conseco satisfied the conditions of the plea, in particular because Murray voluntarily transferred sums of money to his wife when he owed her substantial sums.