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12 Oct 2021, 5:52 am by Andrew Lavoott Bluestone
The cause of action alleging defamation failed because the challenged statements were absolutely privileged as a matter of law and cannot be the basis for a defamation action (see Ifantides v Wisniewski, 181 AD3d at 576; Weinstock v Sanders, 144 AD3d at 1021; Brady v Gaudelli, 137 AD3d at 952; El Jamal v Weil, 116 AD3d 732, 734 [2014]; Rabiea v Stein, 69 AD3d at 701). [read post]
7 Mar 2020, 9:24 pm by Patent Docs
Adam Banks of Weil, Scott Kamholz of Covington & Burling, and Eliot Williams of Baker Botts will focus on the substantial and fast-moving legal activity unleased by the Federal Circuit's decision in Arthrex, Inc. v. [read post]
21 Nov 2019, 4:27 am by Andrew Lavoott Bluestone
Contrary to Devereaux’s contention, the allegedly defamatory statement made by Burrows was not actionable because it was absolutely privileged as a matter of law (see Brady v Gaudelli, 137 AD3d 951, 952; El Jamal v Weil, 116 AD3d 732, 734; Bisogno v Borsa, 101 AD3d 780, 781; Kilkenny v Law Off. of Cushner & Garvey, LLP, 76 AD3d 512, 513), and does not support a finding of a violation of Judiciary Law § 487 (see Seldon… [read post]
30 Jul 2019, 4:23 am by Andrew Lavoott Bluestone
In the attorney liability context, the breach of fiduciary duty claim is governed by the same standard as a legal malpractice{**168 AD3d at 76} claim (see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 271-272 [1st Dept 2004]). [read post]
24 Sep 2018, 8:29 am by Danny Jacobs
Torts — Asbestos exposure — Dispute of material fact This appeal arises from the Circuit Court for Baltimore City’s ruling granting Burnham and Weil-McLain’s, appellees, motion to dismiss, Audrey Vitale, and her children, Ralph Vitale, Jr., Tony Vitale, Patricia Smith, Maria Pycha, and Gina Messersmith’s, appellants, wrongful death suit, and the court’s subsequent denial of ... [read post]
4 Aug 2017, 10:00 am by Katherine Gallo
Such persons may be actual witnesses to an event in dispute, or they may have knowledge that is based on heresay See Smith v. [read post]
4 Aug 2017, 10:00 am by Katherine Gallo
Such persons may be actual witnesses to an event in dispute, or they may have knowledge that is based on heresay See Smith v. [read post]
19 Jan 2015, 1:53 pm
This is a guest post prepared by Rachel Weil of Reed Smith, who has graced us with guest posts before and, we hope, will do so again. [read post]
15 Oct 2014, 11:58 am
            This is actually a post from Reed Smith’s Rachel Weil. [read post]