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12 Dec 2022, 3:54 am by Andrew Lavoott Bluestone
Dismissal of the legal malpractice counterclaim was warranted because defendant failed to adequately plead proximate causation (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
2 Oct 2013, 3:18 am by Matt Danzer
Judge Newman further challenges Jaffer, reiterating his contention that a Vaughn index is too vague to be useful and stating that this case is primarily about the OLC-DOD memo. [read post]
1 Nov 2018, 12:34 pm by Thomas DeLorenzo
The post Arkansas Supreme Court strikes down mental competency section of state’s death penalty appeared first on JURIST - News - Legal News & Commentary. [read post]
17 Jan 2022, 3:50 am by Andrew Lavoott Bluestone
The assertion that plaintiff must allege and identify the “correct” defendant in its pleading to state a claim for malpractice is without any legal support. [read post]
12 Aug 2014, 9:42 pm by H. Scott Leviant
A class was certified.After the United States Supreme Court issued AT&T Mobility LLC v. [read post]
24 Jun 2014, 3:40 pm by Rosemary Campagna
United States Utility Air Regulatory Group v. [read post]
27 May 2020, 1:49 am by Matrix Legal Support Service
Despite the need for general guidance on the legal principles in play in determining whether something constitutes a “building”, the relevant test is that laid down in Skerritts of Nottingham v Secretary of State for the Environment Transport and Regions [2000] JPL 1025 and as adopted in the Listed Buildings Act. [read post]
4 Apr 2011, 1:19 am by Andrew Lavoott Bluestone
She further stated that her attorney had answered her questions and that she was satisfied with the services he provided. [read post]
4 Jan 2012, 12:13 am by Andrew Lavoott Bluestone
Gross negligence, as both parties state, is “conduct that evinces a reckless disregard for the rights of others or ‘smacks’ of intentional wrongdoing,” (Sommer v. [read post]
28 Dec 2010, 5:43 am by Andrew Lavoott Bluestone
While the guiding principals are clear and unambiguous, the facts and calculations underlying this matrimonial legal malpractice case are daunting. [read post]
17 Jul 2008, 11:53 am
Here, the record establishes that Hecht, who was retained by George Breen to draft a legal document, was not in privity or near-privity with the plaintiff (see Fredriksen v Fredriksen, 30 AD3d at 372; Goldfarb v Schwartz, 26 AD3d 462, 463, 811 N.Y.S.2d 414; Rovello v Klein, 304 AD2d 638, 757 N.Y.S.2d 496). [read post]