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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]
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]
7 Dec 2016, 4:09 am by Edith Roberts
’” And in State Farm Fire and Casualty Co. v. [read post]
21 Aug 2020, 4:05 pm by INFORRM
  It is intended to complement our United States: Monthly Round Up posts. [read post]
18 Aug 2009, 2:12 pm
The pleaded case of R v Mondelly v Commissioner of Police for the Metropolis [2006] EWHC 2370 (Admin) apparently concerned a prosecution in clear breach of an established and stated policy on trading standards cases, but actually addressed the lawfulness of a caution which would prevent proceedings in a court, rather than the power of a court to terminate as an abuse of process a prosecution. [read post]
20 Jul 2015, 8:23 am by Barbara S. Mishkin
The constitutionality of the SEC’s use of ALJs was recently called into question by an Atlanta federal court in Hill v. [read post]
24 Jan 2022, 8:44 am by Amy Howe
The second case, filed against the University of North Carolina at Chapel Hill, the state’s flagship public university, argues that the university’s consideration of race in its undergraduate admissions process violates both Title VI and the Constitution. [read post]
30 Apr 2018, 4:08 am by Edith Roberts
Last week’s oral argument in in Trump v. [read post]
9 Dec 2019, 3:50 am by Edith Roberts
” In an op-ed at The Hill, Brian Yablonski and Jonathan Wood look at Atlantic Richfield Co. v. [read post]