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12 Aug 2022, 3:19 am by Andrew Lavoott Bluestone
To the extent defendants rely upon evidence that other factors contributed to the loss, that simply raises an issue of fact not to be determined on the pleadings (Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin LLP, 46 AD3d 354, 355 [1st Dept 2007]). [read post]
13 May 2022, 4:53 am by Andrew Lavoott Bluestone
To the extent defendants rely upon evidence that other factors contributed to the loss, that simply raises an issue of fact not to be determined on the pleadings (Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin, LLC, 46 AD3d 354, 355 [1st Dept 2007]). [read post]
11 Apr 2022, 4:00 am by Howard Friedman
Gerber, Liberal Originalism in Connecticut Constitutional Interpretation, (Quinnipiac Law Review, Forthcoming).Marc Spindelman, Dobbs' Dilemma (Why Justice Brett Kavanaugh's Ideal of 'Scrupulous Neutrality' in Dobbs is a Pipe Dream), (National Law Journal (March 31, 2022)).Alexander Gouzoules, Clouded Precedent: Tandon v. [read post]
21 Sep 2020, 6:43 am by INFORRM
Irish constitutional law does indeed subscribe to a hierarchy of rights in some cases (see, eg, People (DPP) v Shaw [1982] IR 1, 63 (Kenny J)); but that is usually unprincipled and largely unworkable (see, eg, Attorney General v X [1992] 1 IR 1, [1992] IESC 1 (5 March 1992) [138]-[139] (McCarthy J), [184] (Egan J); Sunday Newspapers Ltd v Gilchrist and Rogers [2017] IESC 18 (23 March 2017) [36]… [read post]
18 May 2020, 4:00 am by Howard Friedman
Anderson, Sherif Girgis, 67 Cleveland State Law Review 141-172 (2019).Vanita Saleema Snow, Reframing Radical Religion, 11 Georgetown Journal of Law & Modern Critical Race Perspectives 1-41 (2019).Brian Miller, Reconciling Religious Freedom and LGBT Rights: The Perils and Promises of Masterpiece Cakeshop, 29 George Mason University Civil Rights Law Journal 245-274 (2019).Joe Dryden, Matthews v. [read post]
15 Dec 2019, 2:52 am by INFORRM
Section 1(1) codified the common law rule adumbrated by Tugendhat J in Thornton v Telegraph Media Group Ltd [2010] EWHC 1414 (QB) (16 June 2010) (the claimant was successful at the subsequent trial: [2011] EWHC 1884 (QB) (26 July 2011); on Thornton and s1(1), see Cooke v MGN [2014] EWHC 2831 (QB) (13 August 2014) (currently under appeal); Lachaux v Independent Print [2015] EWHC 2242 (QB) (30 July 2015)). [read post]
2 Oct 2019, 10:31 am by Mary B. McCord
The Supreme Court made this clear in its 2008 decision in District of Columbia v. [read post]
4 Mar 2019, 4:10 am by Andrew Lavoott Bluestone
(See Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin LLP, 46 AD3d 354, 355 [1st Dept 2007] [evidence of other factors contributing to loss not considered at pleading stage, but plaintiff must allege that legal malpractice was proximate cause of damages]). [read post]
1 Feb 2019, 10:51 am
(Pix © Larry Catá Backer; Tauluseinä Tavelväggen, Wall of Printings (1977); Nörrköping Art Museum Turku Findland))Every year for almost 25 years, the Corporate Practice Commentator (with great thanks to Robert Thompson (Georgetown)) announces the results of its annual poll to select the ten best corporate and securities articles. [read post]
11 Sep 2018, 10:00 pm
Gilchrist is a patent attorney in the Mechanical and Litigation practice groups. [read post]
1 Nov 2017, 12:08 pm by Patrick G. Brady and James J. Sawczyn
  The court in Sleepy’s indicated that part C “calls for an enterprise that exists and can continue to exist independently of and apart from the particular service relationship,” quoting Gilchrist v. [read post]
12 Jul 2017, 4:15 pm by INFORRM
And in Sunday Newspapers Ltd v Gilchrist and Rogers [2017] IESC 18 (23 March 2017) O’Donnell J (Denham CJ, Clarke, MacMenamin and Dunne JJ concurring) went further (at [36]): I have reservations about the language of balancing of rights and the hierarchy of rights referred to in the Irish Times case [Irish Times Ltd v Ireland [1998] 1 IR 359, [1997] 2 ILRM 541, [1997] IEHC 30 (18 February 1997)] and relied on in the judgment of the… [read post]
2 Apr 2017, 4:04 pm by INFORRM
Ireland In the case of Sunday Newspapers v Gilchrist and Rogers [2017] IESC 18, the Supreme Court dismissed an appeal by Sunday Newspapers against an order that part of a libel claim brought by individuals responsible for administering the Witness Protection Programme could be heard in private. [read post]