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15 Oct 2012, 5:01 pm by Reid Winthrop
We recently wrote about a policyholder friendly opinion by the Ninth Circuit Court of Appeals that seemingly held that an insurer’s duty of good faith and fair dealing, which is implied in every contract of insurance, may be violated by the insurer’s failure to attempt to effectuate a settlement within policy limits after liability of its insured has become reasonably clear, even without a policy limits settlement demand. [read post]
30 Sep 2017, 1:48 pm by Paul Kish
 They will also point to a specific rule that allows a Defendant to reserve a specific issue to go up on appeal even after a guilty plea (but the prosecutor and the Judge have to agree to this procedure, meaning that folks in Rod’s situation need to kind of play “mother may I” in order to vindicate their rights). [read post]
13 Apr 2017, 5:15 am by The Public Employment Law Press
As to Medicare Part B reimbursements, the notice advised the retirees that "[u]nder the City's current policy, the City will reimburse you the Medicare Part B premium on a monthly basis. [read post]
2 Jan 2012, 3:00 am by Peter A. Mahler
Matter of Darvish (Haslacha, Inc.), 2011 NY Slip Op 30134(U) (Sup Ct NY County Jan. 19, 2011), involving the liquidation and winding up of a real estate holding company by a receiver, in which the court rejected a shareholder's contention that the property must be sold at public auction rather than by private sale. [read post]
2 Jan 2012, 3:00 am by Peter A. Mahler
Matter of Darvish (Haslacha, Inc.), 2011 NY Slip Op 30134(U) (Sup Ct NY County Jan. 19, 2011), involving the liquidation and winding up of a real estate holding company by a receiver, in which the court rejected a shareholder's contention that the property must be sold at public auction rather than by private sale. [read post]
20 Jul 2024, 9:37 am by Eric Goldman
On appeal, Farley protested that the prosecutor made a conclusion that wasn’t supported by the evidence (I assume this refers to how the prosecutor’s interpretation differed from the detective’s testimony…?). [read post]
31 Mar 2020, 2:30 pm by Joel R. Brandes
Both of these adjustments are based on increases in the Consumer Price Index for all urban consumers (CPI-U) published by the United States Department of Labor. [read post]
21 Feb 2013, 12:00 am
  Watson merely provided “[u] nsubstantiated statements indicating that experimentation would be ‘difficult’ and ‘complicated. [read post]
4 Dec 2013, 6:31 am
  The Court of Appeals disagreed, noting that the “true threats doctrine took shape” in the Supreme Court’s decision in Watts v. [read post]
21 Mar 2012, 3:24 am by Andrew Lavoott Bluestone
The record so far developed raises triable issues as to whether defendant-attorney's prior representation of plaintiff — including defendant's acknowledged failure to timely file an administrative appeal following the denial of plaintiff's claim for disability benefits — was so deficient as to compel plaintiff to settle the underlying federal lawsuit (see Jones Lang Wootten USA v LeBoeuf, Lamb, Green & MacRae, 243 AD2d 168, 175… [read post]
19 Dec 2022, 9:45 am by John Holtz
§ 1431’s authority…(u)nless the approving authority finds that the action will facilitate the national defense,” among other limitations. [read post]