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2 Apr 2012, 5:00 am by Bexis
Hill, 147 N.E.2d 321, 325 (Ill. 1958) (“a vested right to punitive, exemplary, vindictive or aggravated damages arises only when such damages have been allowed by a judgment); Langford v. [read post]
8 Mar 2012, 7:22 am by John Elwood
United States, 11-5683, and Hill v. [read post]
The Plaintiff Is Injured Falling Down a Hill after Leaning on an Unsafe Fence Post The plaintiff in Wheeling Park Commission v. [read post]
29 Dec 2014, 1:49 am by Peter Mahler
Retirement Plan for General Employees v McGraw-Hill Cos., 120 AD3d 1052, 2014 NY Slip Op 06154 [1st Dept Sept. 11, 2014], in which the Appellate Division, First Department, reversed the trial court’s ruling dismissing a books-and-records proceeding brought against McGraw-Hill, and held that the petitioning pension fund’s stated purpose of the requested inspection, to investigate the board’s oversight of… [read post]
15 Jul 2024, 4:50 am by Andrew Lavoott Bluestone
To satisfy the pleading requirement for causation, it must be alleged that “but for” the attorney’s conduct, the client would have prevailed in the underlying action or would not have sustained any ascertainable damages” (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; Cosmetics Plus Group, Ltd. v Traub, 105 AD3d 134, 140 [1st Dept 2013]). [read post]
12 Oct 2022, 4:52 am by Andrew Lavoott Bluestone
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
7 Dec 2016, 4:09 am by Edith Roberts
’” And in State Farm Fire and Casualty Co. v. [read post]
19 Feb 2010, 6:30 pm by Rick
Superior Court (2007) 150 Cal.App.4th 1344, 1355-1356 [59 Cal.Rptr.3d 363], quoting the United States Supreme Court in Illinois v. [read post]