Search for: "Sauer v. Sauer"
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2 Sep 2009, 6:35 am
Back on August 19th, I posted about the Baldwin v. [read post]
2 Sep 2009, 4:35 am
To establish a claim to recover damages for legal malpractice, "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 plaintiff to sustain actual and ascertainable damages" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy… [read post]
1 Sep 2009, 4:39 am
To establish the element of 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 Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; Wray v Mallilo & Grossman, 54 AD3d 328, 329 [2008]; Carrasco v Pena & Kahn, 48 AD3d at 396). [read post]
25 Aug 2009, 4:00 am
A third alternative is the type of settlement in Sauer v. [read post]
18 Aug 2009, 10:00 am
Such orders may put the requesting party in the position it would have been in had the requested discovery been entirely favorable (Sauer v. [read post]
14 Jul 2009, 5:08 am
"To sustain a cause of action alleging legal malpractice, a plaintiff must establish 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 actual and ascertainable damages (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy v Feinman,… [read post]
18 Jun 2009, 4:44 pm
In Sauer v. [read post]
9 Jun 2009, 9:59 pm
The discussion, prompted by the recent ACLU v. [read post]
3 Jun 2009, 4:32 am
In order to prevail on this claim, the plaintiff must establish both that the defendants "failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; see Davis v Klein, 88 NY2d 1008, 1009-1010) and that their breach of this duty proximately caused her actual and ascertainable damages (see Rudolf v Shayne, Dachs,… [read post]
13 Apr 2009, 4:29 am
At the trial level one must prove the usual :"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 plaintiff to sustain actual and ascertainable damages" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy 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]
19 Jan 2009, 3:11 am
Sauer Bros. [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]
30 Dec 2008, 2:32 am
Corp. v C.M. [read post]
29 Dec 2008, 3:28 am
The record establishes in particular, the parties' stipulation that defendants committed malpractice in representing plaintiff that such fees and expenses total $15,342.43, and plaintiff is entitled to interest from the date that his damages were incurred, i.e., the date that the fees were paid (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; Harris v Bonacci, 109 AD2d at 1074; CPLR 5001 [b]). [read post]
22 Oct 2008, 11:28 am
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 Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442; Davis v Klein, 88 NY2d 1008, 1009-1010; Lamanna v Pearson & Shapiro, 43 AD3d 1111; Cohen v Wallace & Minchenberg, 39 AD3d 691). [read post]
14 Oct 2008, 5:55 pm
While voters have rejected public financing of stadiums in San Jose, Milwaukee, and Seattle in ballot initiatives, those teams were still able to obtain new stadiums. [31] V. [read post]
25 Jul 2008, 7:04 am
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: CAFC affirms validity and enforceability of Eisai’s compound patent on Aciphex; elucidates current standard for obviousness of chemical composition of matter patents: Eisai v Reddy’s Lab’s and Teva Pharma: (Orange Book Blog), (Patent Docs), (Patent Prospector), (IP Law360), (Hal Wegner), (Patent Baristas),… [read post]
27 Jun 2008, 4:51 am
Hans Sauer, the... [read post]
29 May 2008, 10:14 am
Sauer v. [read post]
