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16 Jan 2018, 11:05 am by John Floyd
This was illustrated in a December 12, 2017 decision, United States v. [read post]
15 Jun 2020, 5:30 am by Andrew Lavoott Bluestone
” “”Under the doctrine oflaw of the case, the parties or those in privity [with them] are ‘preclud[ed] [from] relitigating an issue decided in an ongoing action where there previously was a full and fair opportunity to address the issue’ (Town of Massena v Healthcare Underwriters Mut. [read post]
23 Apr 2021, 3:03 am by Andrew Lavoott Bluestone
“Where a sophisticated client imposes a strategic decision on counsel, the client’s action absolves the attorney from liability for malpractice (Town of North Hempstead v Winston & Strawn, LLP, 28 AD3d 746 [2006]; Stolmeier v Fields, 280 AD2d 342 [2001]). [read post]
6 Aug 2011, 6:16 am by Kenneth J. Vanko
He's correct, at least under most states' laws.The Court of Appeals of New York clarified the "implied covenant" rule in Bessemer Trust Co. v. [read post]
16 Nov 2008, 11:58 pm
In addition to lack of temporal and spacial proximity, the recent SCC case of Mustapha v. [read post]
17 Nov 2008, 12:03 am
In addition to lack of temporal and spacial proximity, the recent SCC case of Mustapha v. [read post]
10 Sep 2022, 1:34 pm by Patricia Salkin
Miranda Holdings Inc v Town Board of the Town of Orchard Park, 206 A.D.3d 1662 (NYAD 4 Dept 6/10/2022) [read post]
13 Mar 2009, 2:09 pm
Thanks to Dwight Merriam for the heads-up on "Driven Out," the upcoming New York Times book review of Little Pink House - A True Story of Defiance and Courage, about the infamous 2005 eminent domain case Kelo v. [read post]
10 Jan 2011, 6:19 am
AUTO – EXAMINATION UNDER OATH – LIABILITY OF INSURER'S EUO COUNSEL – SUBSTANTIAL JUSTICE Henig v. [read post]
19 May 2010, 7:35 pm by Robert Thomas (inversecondemnation.com)
Town of North Reading, No. 09-1049 (5th Cir., Apr. 9, 2010) (takings, §1983) Howard v. [read post]
6 Aug 2019, 4:00 am by Public Employment Law Press
§18 provides for the defense and indemnification of officers and employees of public entities which are defined as "(i) a county, city, town, village or any other political subdivision or civil division of the state, (ii) a school district, board of cooperative educational services, or any other governmental entity or combination or association of governmental entities operating a public school, college, community college or university, (iii) a public improvement or… [read post]
12 Jun 2011, 8:11 am by Scott J. Kreppein, Esq.
Town of Lewisboro, 232 F.3d 92, 107 (2d Cir. [read post]