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29 Mar 2024, 5:45 am by Andrew Lavoott Bluestone
Conklin, who represented plaintiff in an underlying action alleging accounting malpractice, among other things, were entitled to dismissal of the complaint given that plaintiff failed to allege that defendants were negligent or that they proximately caused any damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Fielding v Kupferman, 65 AD3d 437, 442 [1st Dept 2009]). [read post]
17 Jan 2024, 3:36 am by Andrew Lavoott Bluestone
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007] [citations omitted]; see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d 40, 49-50 [2015]). [read post]
10 Jan 2024, 6:32 am by Andrew Lavoott Bluestone
“To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action or would not have incurred any damages, but for the lawyer’s negligence” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; see Valley Ventures, LLC v Joseph J. [read post]
18 Dec 2023, 3:25 am by Andrew Lavoott Bluestone
Conklin, who represented plaintiff in an underlying action alleging accounting malpractice, among other things, were entitled to dismissal of the complaint given that plaintiff failed to allege that defendants were negligent or that they proximately caused any damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Fielding v Kupferman, 65 AD3d 437, 442 [1st Dept 2009]). [read post]
13 Oct 2023, 5:04 am by Andrew Lavoott Bluestone
Gopstein v Bellinson Law, LLC 2023 NY Slip Op 33476(U) October 4, 2023Supreme Court, New York County Docket Number: Index No. 159060/2022 Judge: Mary V. [read post]
18 Sep 2023, 4:41 am by Andrew Lavoott Bluestone
The proposed amendment failed to sufficiently allege that “but for” the defendants’ alleged negligence, the plaintiffs “would not have incurred any damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d 40, 49-50; McCoy v Feinman, 99 NY2d 295, 301-302). [read post]
27 Aug 2023, 1:17 pm
Certains indices plaident pour une véritable cession des droits, en particulier lorsque le logiciel est issu d'un développement entièrement nouveau. [read post]
18 Aug 2023, 5:07 am by Andrew Lavoott Bluestone
To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action, or would not have incurred any damages but for the attorney’s negligence (see Rudolf v. [read post]
26 May 2023, 4:51 am by Andrew Lavoott Bluestone
“Damages in a legal malpractice case are designed ‘to make the injured client whole’ ” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007], quoting Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 42 [1990]), and defendants failed to meet their initial burden of establishing that decedent’s estate did not sustain any damages or that any damages were speculative (cf. [read post]
19 May 2023, 3:51 am by Andrew Lavoott Bluestone
Plaintiffs’ legal malpractice cause of action should not have been dismissed under CPLR 3211 (a) (1) or CPLR 3211 (a) (7) (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
27 Apr 2023, 12:25 pm by Rechtsanwalt Martin Steiger
Rudolf von Milena Ragaz, unter anderem Assistentin am Lehrstuhl Rudolf, auf Schweizerdeutsch interviewt.Inhaltlich findet die Episode eine gelungene Mischung aus Laientauglichkeit und Rechtskompetenz. [read post]
31 Mar 2023, 4:26 am by Andrew Lavoott Bluestone
Russo was entitled to summary judgment dismissing the complaint and the cross claim of the AAF defendants against her (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
7 Feb 2023, 5:58 pm by Jacob Katz Cogan
A Human Rights-Based Comment on the Proposed WHO Treaty on Pandemic Preparedness and Response FOCUS – China and International Law Kerstin von der Decken, Introduction Björn Ahl, China’s Perspectives on Public International Law: Selective Adaptation of International Treaties and the Community of Common Destiny Concept Congyan Cai, China and International Security: How Law and Politics Work Sarah Biddulph, The Chinese Approach to Human Rights Yuhong Zhao, The Chinese Approach to… [read post]
12 Dec 2022, 3:54 am by Andrew Lavoott Bluestone
Dismissal of the legal malpractice counterclaim was warranted because defendant failed to adequately plead proximate causation (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]