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But what if the liability insurer does not receive notice of the underlying action until after the default judgment has already been taken against its insured? [read post]

Coverage Counsel - http://nycoveragecounsel.blogspot.com/

Ecclesiastical Abstention Doctrine Does Not Bar Negligent Supervision Claim Against Church

1 Jul 2010, 4:10 am by Howard Friedman

In Erdman v. [read post]

Religion Clause - http://religionclause.blogspot.com/

COA Opinion: A duty to supervise a minor child does not apply to a property owner in an ordinary negligence claim, when the minor child’s parent is present and the property owner has not assumed responsibility for supervising the child.

15 Apr 2011, 1:58 pm by Jeanne Long

In Estate of Domonique Daquan Wheeler v Central Michigan Inns, Inc, No 296511, the Court of Appeals held that claim for ordinary negligence, rather than premises liability, does not place upon a defendant a duty to supervise a child if the child’s parent was present and the defendant does not voluntarily assume responsibility for supervising the child. [read post]

One Court of Justice - http://www.ocjblog.com

Employer’s duty to provide a safe place to work does not extend to hazards inherent in the duties of the position

8 Aug 2012, 3:00 am

Employer’s duty to provide a safe place to work does not extend to hazards inherent in the duties of the position Consalvo v City of New York, 53 AD3d 521 A New York City Sanitation Department employee was instructed to remove a dead cat from a public roadway. [read post]

New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/

Sixth Circuit Reverses in Michigan v. Sault Ste. Marie Tribe

18 Dec 2013, 8:06 am by Matthew L.M. Fletcher

Here is the opinion: Michigan v SSM CA6 Opinion An excerpt: Because the State is not suing to enjoin a class III gaming activity, but instead a trust submission under MILCSA, § 2710(d)(7)(A)(ii) of IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. [read post]

Turtle Talk - http://turtletalk.wordpress.com/

Exculpatory Clause Does Not Save Operator From Liability

5 Jul 2022, 5:18 am by Charles Sartain

Bachtell Enterprises, LLC v. [read post]

Energy & the Law - http://www.energyandthelaw.com

How Bad Does the Complaint Have to Be to Get Dismissed in a Legal Malpractice Case

4 Oct 2010, 3:09 am by Andrew Lavoott Bluestone

Ctr., Inc. v Mahoney, Connor & Hussey, 14 AD3d 482, 483 [2005]). [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

When does a suspect waive his right to remain silent?

3 Mar 2010, 3:02 pm by Anna Christensen

Check the Berghuis v. [read post]