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17 Oct 2013, 5:00 am by Bexis
  Therefore, we hold today that a plaintiff who does not read an allegedly inadequate warning cannot maintain a negligent-failure-to-adequately-warn action unless the nature of the alleged inadequacy is such that it prevents him from reading it.Id. at 971.This ruling has been extended to situations where the prescriber fails to read a warning. [read post]
6 Apr 2011, 1:45 am by Andrew Lavoott Bluestone
Brown Raysman, Millstein, Felder & Steiner, 96 NY2d 300, 304-305) The culpable conduct of the plaintiff-client in a legal malpractice action may, nevertheless, be pleaded as a mitigating factor by way of an affirmative defense (see Cicorelli v Capobianco, 90 AD2d 524, affd 59 NY2d 626). [read post]
25 May 2011, 5:57 am by INFORRM
In the Lord Browne case (Lord Browne v Associated Newspapers Ltd 2007) the judge agreed with Associated that knowing that there was a relationship between Lord Browne and Jeff Chevalier was ‘important background in authenticating in readers’ minds the other allegations they [the newspaper] wish to publish’ which were considered to be in the public interest. [read post]
3 Jul 2013, 7:54 am by emagraken
  Adopting the capital asset approach does not mean that the assessment is entirely at large without the necessity to explain the factual basis of the award: Morris v. [read post]