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29 Feb 2012, 9:51 am by William A. Ruskin
Barbara Brazzel-Massaro, who sits in Complex Litigation in Stamford Superior Court, ruled in Innis Arden Golf Club, Inc. v. [read post]
22 Sep 2011, 12:34 pm
Sometimes trivialized as "bedside manner," the issue of compassion and caring is central to what so many of us patients see as the lost piece of modern medical treatment. [read post]
17 Oct 2012, 12:57 pm
To be more precise:  Does a B.B. gun qualify as a "deadly weapon" pursuant to the definition of that term in California's statute relating to assaults with a deadly weapon, which say that an item qualifies if it is "any object, instrument or weapon that is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury"? [read post]
Practice point: Although a property owner must act in a reasonable manner to prevent harm to those on its premises, the duty to control the conduct of persons on its premises arises only when the owner can control such conduct, and is reasonably aware of the need for that control.Student note:  The owner of a public establishment has no duty to protect patrons against unforeseeable and unexpected assaults.Case: Kiely v. [read post]
16 Jun 2009, 2:54 pm
This is Part V of Above The Law's "Notes from the Breadline" by "Roxanna St. [read post]
30 Mar 2011, 7:58 am by Edward A. Fallone
Code=jca Rarely have two experienced lawyers read the same statutory language in such a diametrically opposed manner. [read post]
21 Jul 2020, 7:08 pm by David Cross and Nazreen Ali
The Full Court of the Federal Court has handed down a decision with potentially far-reaching ramifications for the manner in which principals deal with superannuation in respect of independent contractors (Dental Corporation v Moffet [2020] FCAFC 188). [read post]
1 Jun 2010, 3:47 am by David Smith
DJ Manners struck out the claim on the basis that the tenancy had ended before the application was made. [read post]
1 Jun 2010, 3:47 am by David Smith
DJ Manners struck out the claim on the basis that the tenancy had ended before the application was made. [read post]
27 Jul 2012, 1:00 am by John Diekman
Practice point: Although a landowner has a duty to maintain its premises in a reasonably safe manner, there is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous.Student note: Generally, a wheel stop which is clearly visible presents no unreasonable risk of harm and, thus, is not inherently dangerous. [read post]
21 Feb 2007, 5:48 am
The Supreme Court heard oral arguments today on the Microsoft v. [read post]