by Bo Links on April 26, 2010
When a real estate deal fails and litigation ensues, the parties face an important choice: whether to sue for breach of contract or pursue a claim for rescission. The difference between the two types of claims is crucial, both as to the type of proof that must be presented to the court as well as the measure of damages that will be applied. In a breach of contract case, the claimant is affirming the contract and asking the court to award the benefit of the bargain. In essence, the claimant is asking the court to award him everything he would have received had the deal gone through.
by Bo Links on February 08, 2010
In a groundbreaking precedent, the California Public Employment Relations Board (PERB) has clarified that employee organizations possess the right to strike, provided the union has gone through bargaining to impasse. If a union calls a strike short of completing the impasse procedure, the action will be unfair labor practice. In such a case, said PERB in California Nurses Association v. Regents of the University of California (PERB Decision 2094-H), the improper strike activity can subject a union to damages suffered by the employer.