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25 Mar 2024, 5:12 am by Andrew Lavoott Bluestone
Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint sufficiently stated a cause of action alleging legal malpractice against the law firm defendants (see Shaya B. [read post]
21 Jun 2019, 5:59 am by Ira Lupu and Robert Tuttle
Elwood & Eleanor Davis Professor of Law Emeritus at The George Washington University Law School. [read post]
3 Aug 2012, 4:44 am by Benjamin Wittes
  Relatively soon after Bivens, the Court also allowed Bivens claims under the equal protection component of the Fifth Amendment Due Process Clause (Davis v. [read post]
5 Mar 2015, 2:56 pm by John Elwood
The Court also denied cert. in Davis v. [read post]
18 Apr 2019, 3:44 am by Edith Roberts
” Leah Litman has this blog’s analysis of yesterday’s oral argument in United States v. [read post]
21 Feb 2018, 4:10 am by Andrew Lavoott Bluestone
(See Sun Graphics Corp. v Levy, Davis & Maher, LLP, 94 AD3d 669, 669 [I st Dept 2012], citing Stanski v Ezersky, 228 AD2d 311, 313 [1st Dept 1996].) [read post]
17 Mar 2020, 10:03 am by Matthew L.M. Fletcher
Here: Front Pages   PDFArticle How the New Deal Became a Raw Deal for Indian Nations: Justice Stanley Reed and the Tee-Hit-Ton Decision on Indian Title – Kent McNeil   PDF Comments Keeping Cultural Bias Out of the Courtroom: How ICWA “Qualified Expert Witnesses” Make a Difference – Elizabeth Low   PDF Being Uighur . . . with “Chinese Characteristics”: Analyzing China’s Legal Crusade Against… [read post]
1 Jun 2018, 4:35 am by Andrew Lavoott Bluestone
“A legal malpractice claim requires that the plaintiff show that “the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession which results in actual damages to a plaintiff, and that the plaintiff would have succeeded on the merits of the underlying action ‘but for’ the attorney’s negligence” (AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434 [2007]… [read post]