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8 Feb 2018, 4:22 am by Andrew Lavoott Bluestone
  In Matz v Aboulafia Law Firm, LLC    2017 NY Slip Op 32147(U) October 10, 2017  Supreme Court, New York County Docket Number: 155506/2016 she determined: “Construing the complaint in a light most favorable to plaintiffs, they have set forth a claim for legal malpractice. [read post]
14 May 2011, 4:03 am
” Further, the court observed, in Pell v Board of Education, 34 NY2d 222, the Court of Appeals set out the standard for determining the appropriate penalty is whether the punishment imposed is "...so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness. [read post]
17 Apr 2024, 4:53 am by Andrew Lavoott Bluestone
SJB RE Holdings, LLC v Gifford 2024 NY Slip Op 30924(U) March 21, 2024Supreme Court, Saratoga County Docket Number: Index No. [read post]
16 Jan 2022, 5:51 pm by Matthew L.M. Fletcher
 Oliphant’s hallmark is the Court’s legal acknowledgment that Indian tribes are dependent on the federal government in light of centuries of precedents that presumed the racial inferiority of Indian people. [read post]
6 May 2020, 6:07 am by Andrew Lavoott Bluestone
Karambelas v Cohen Goldstein, LLP  2020 NY Slip Op 30994(U) April 2, 2020 Supreme Court, New York County Docket Number: Index No. 15163 demonstrates how the Court will examine the underlying case (sometimes to an extreme degree) in order to determine the “but for” issue. [read post]
23 Mar 2012, 6:45 am by Jim Singer
 In Mayo v, Prometheus (No. 10-1150, March 20, 2012), the Court held that U.S. [read post]
15 Sep 2017, 2:07 pm by Ezra Rosser
The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. [read post]
15 Jul 2016, 3:01 am by Orin Kerr
In light of this conclusion, we do not address the issue of whether Hill abandoned the phone. [read post]
29 Jan 2019, 4:31 am by Andrew Lavoott Bluestone
“Construing the complaint in a light most favorable to plaintiff[s], it sets forth a cause of action in negligence as against Klein Inc. based on its failure to properly adjust their claim. [read post]