theory of the case for Factor One

Instructions

such as Edmund Burke, Aldous Huxley, Samuel Johnson, Barack Obama, and Plato

and only then

precisely

like a Greek chorus punctuating virtually every paragraph

entirely

It is undisputed that

Only after this happens

while Congress properly carved out permanent resident aliens from the statute, it overlooked that many lawfulresidents are not permanentresidents under the immigration laws. Text, history, and precedent make clear that such individuals who—like Plaintiffs here—live, work, and pay taxes in the United States, are just as entitled to First Amendment protections as permanent residents and citizens.

It cannot.

exegesis

plainly

Federal Trade Commission (“FTC”) filed its Notice of Motion and Motion for Summary Judgment, Dkt. #141 (the “Motion”), seeking summary judgment under Fed. R. Civ. Pro. 56(c) against Defendants Lucas Law Center “incorporated” (“LucasLawCenter”), Future Financial Services, LLC (“FFS”), Paul Jeffrey Lucas (“Lucas”), Christopher Francis Betts (“Betts”), and Frank Sullivan (“Sullivan”) (collectively, “Defendants”). In support of its Motion, the FTC filed its Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Summary Judgment, Dkt. #142 (“FTC’s Memo.”); its Statement of Uncontroverted Facts & Conclusions of Law in Support of Plaintiff’s Motion, Dkt. #143 (“Uncontroverted Facts”); the transcripts of five consumer depositions, Dkt. #145-149; and numerous exhibits comprised of Defendants’ business records, Dkt. 151.

In stark contrast, the FTC has amassed overwhelming, uncontroverted evidence in support of its Motion, which should now be granted

1.

In addition, there must be a showing that the particular damages were fairly within the contemplation of the parties to the contract at the time it was made

Under the rule generally applied to the nonpayment or underpayment of money orders transmitted through telegraph companies, the measure of damages is the interest on the money from the time it should have been delivered to the time it was actually delivered, together with the cost of the message

he measure of recovery “is based upon what the defendant should have given the plaintiff, not what the plaintiff has given the defendant or otherwise expended.

breach of the covenant occurs when the discretionary power is used to ‘recapture opportunities foregone’when the contract was entered into

covenant is implied as a supplement to the express contractual covenants, to prevent a contracting party from engaging in conduct which (while not technically transgressing the express covenants) frustrates the other party’s rights to the benefits of the contract.

abuse of a power to specify terms

complete catalogue of types of bad faith is impossible

is not a contractual term that the parties are free to bargain in or out as they see fit

an action for its breach is really no differentfrom a tort action

he attorney began yelling so loudly that Carmichael held the receiver up so that others who were in the office with her could hear it

offer would be withdrawn in five days

did not object to Brewer’s stated understanding of the term “favorably considered,”the Board is bound by themeaning discussed in the presence of its representatives

Plaintiff must have expected defendant to make some profit—certainly it could not have expected defendant deliberately to incur a loss..

She informed him that she wanted to compensate him for being so helpful, and that if he would agree to continue to look after her and continue to let Frances visit her, she would leave the real property to him and the balance of the estate to Frances.

commercial sought a reciprocal promise, expressed through acceptance of, and compliance with, theterms of the Order Form

Harrier Jet commercial did not direct that anyone who appeared at Pepsi headquarters with 7,000,000 Pepsi Points on the Fourth of July would receive a Harrier Jet.

First, the commercial cannot be regarded in itself as sufficiently definite, because it specifically reserved the details of the offer to aseparate writing, the Catalog

where a promise to disregard the non-occurrence of the condition materially affects the value received by the promisor or the burden or risk assumed by him, the promise is not binding....”Restatement§ 84, cmt. c.

criteria

This would be the result had Laclede retained the right of immediate cancellation at any time for any reason

The case law is not clear on whether there is a distinction between part performance and full performance. [co] However, since the parties treat the issues separately, the Court will address them independently, although similar principles apply in each instance

Restatement (Second) of Contracts § 139: Enforcement By Virtue of Action in Reliance

Pursuant to the SleepRestore program instructions, she did not stay in bed but instead got up and walked to the reading room.

TOBRINER, J.