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17 Jul 2020, 6:08 am by Andrew Lavoott Bluestone
To state a cause of action for legal malpractice, the plaintiff must allege that “the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession,” and that the “breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99 NY2d 295,… [read post]
2 Sep 2009, 6:35 am
Back on August 19th, I posted about the Baldwin v. [read post]
27 Apr 2012, 3:14 am by Andrew Lavoott Bluestone
In a legal malpractice action, "a plaintiff must demonstrate that the attorney 'failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession' and that the attorney's breach of this duty proximately caused [the] plaintiff to sustain actual and ascertainable damages" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99 NY2d 295, 301 [2002]).… [read post]
11 May 2020, 5:41 am by Andrew Lavoott Bluestone
” “To recover damages for legal malpractice, a plaintiff must demonstrate that (1) the attorney Afailed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession,@ and (2) that the attorney=s action or inaction proximately caused plaintiff to sustain Aactual and ascertainable damages (Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; see also Gorunkati v Baker Sanders, LLC, B AD3d… [read post]
30 May 2012, 3:28 am by Andrew Lavoott Bluestone
Shayne, Dachs, Stanisci, Corker & Sauer, 8 N.Y. 3d 438, 442, 835 N.Y.S.2d 534, 867 N.E.2d 385 (N.Y. 2007)). [read post]
29 Jun 2020, 8:06 am by Andrew Lavoott Bluestone
(Rudolph v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]). [read post]
19 Jan 2019, 8:13 am by Florian Mueller
It's a rather iPhone-centric perspective, but the biggest problem here for Qualcomm is that Judge Koh ruled in GPNE Corp. v. [read post]
16 Jan 2007, 4:04 am
That question was recently put to the test in the case of McKesson Information Solutions, Inc. v. [read post]
19 Feb 2009, 4:27 pm
" Among the weapons were two .22-caliber Glenfield rifles, one with a serial number and one without, and a Sig Sauer P2229 .40 caliber. [read post]
18 Apr 2012, 2:00 am by Kara OBrien
Likewise, I am not convinced that the Court of Chancery’s decision in Maric Capital Master Fund, Ltd. v. [read post]
31 Dec 2008, 10:30 am
(a funnt rant written, directed and starring Auggie Smith and Patrick Sauer); TubeDeeDo (a funny music video from the The Kings of Myspace); My Name is URL (a cute video parodying My Name is Earl); Happy Easter (this is one violent Easter Bunny); Corey Delaney's other party (another Hugh Atkin video); The Internet Party (what happens when Google leaves town for the weekend).Web series - If you don't include Dr Horrible's Sing-along Blog, the best web series of the year was… [read post]
9 May 2010, 11:54 am by Omar Ha-Redeye
Dardi, J. applied the principle in Glover v. [read post]