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19 Mar 2015, 2:54 pm by CrimProf BlogEditor
Here is the abstract: On the twentieth anniversary of United States v. [read post]
13 May 2010, 12:03 pm
Federal courts typically certify state law issues when they're presented on direct appeal and in settings in which the state courts have had no opportunity to opine on the particular issue. [read post]
15 Jan 2021, 7:13 am by Andrew Lavoott Bluestone
Moreover, defendants’ legal malpractice counterclaims were not sufficiently intertwined with the account stated claim so as to preclude summary judgment (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013], lv denied 23 NY3d 904 [2014]). [read post]
5 Oct 2011, 6:41 am by Daniel E. Cummins
Anyone desiring a copy of Judge Burke’s Order without Opinion and/or my preliminary objections and supporting brief in the Emery v. [read post]
24 Feb 2021, 3:13 am by Andrew Lavoott Bluestone
Defendant’s failure to consolidate her legal malpractice action, which she commenced subsequent to this legal fees action, precludes review of whether her claim is sufficiently intertwined with the account stated cause of action (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013). [read post]
16 Mar 2014, 10:08 pm by John Mesirow
 Certainly it’s no State v. [read post]
4 Oct 2017, 4:38 am by Andrew Lavoott Bluestone
“Nevertheless, plaintiff’s motion for partial summary judgment on the account stated claim cannot be granted as to the other amounts billed, because plaintiff has not demonstrated entitlement to dismissal of defendant’s legal malpractice counterclaims, which are sufficiently intertwined with the account stated claim so as to provide a bona fide defense (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept… [read post]
22 Feb 2016, 4:11 pm by Jason Mazzone
The article uses the twentieth anniversary of United States v. [read post]
2 Dec 2019, 4:41 am by Andrew Lavoott Bluestone
“The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law” (Upjohn Co. v United States, 449 US 383, 389; see Spectrum Sys. [read post]