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23 Oct 2019, 9:17 am by Steven Boutwell
In ruling that an insured’s bad faith claims against its insurer are governed by a ten-year prescriptive period, the Smith Court relied heavily on Kelly v. [read post]
14 Sep 2019, 11:25 am by Randall Hodgkinson
Wesley Smith, No. 115,321 (Sedgwick)Direct appeal (petition for review); PBT refusalPatrick H. [read post]
15 Jul 2019, 7:43 am by Dan Bressler
Smith took the Kelley Drye attorneys to task for the breach, and the firm’s failure to report the breach to the opposing party, Local Access LLC — chiding their ‘sloppiness’ and ‘bad decisions. [read post]
16 May 2019, 7:55 am by John Elwood
Petitioner Ritzen Group argues that it is entitled to relief from the automatic stay because it claims that Jackson Masonry is a financially sound company that declared bankruptcy in bad faith in an effort to wriggle out of an agreed-upon property sale. [read post]
15 May 2019, 6:00 am by Guest Blogger
There is a profound affinity between “constitutional faith”—that this document, its institutions, and the “conversation” around it give us the materials to hang together, survive crises, and get to a better place—and its shadow, what David Pozen calls constitutional bad faith: denying the validity of disagreement and the prospect of political loss by loading up the Constitution with dogma that a lucid and candid mind might recognize as such but zealotry… [read post]
29 Apr 2019, 4:48 am by SHG
Miller, a pedestrian decision relating to information everyone knew was in the hands of third parties, rather than the outcome-dependent decision in Smith v. [read post]
22 Apr 2019, 9:01 pm by Neil H. Buchanan
Reagan represented a lurch to the right, embracing race-baiting strategies and relying on true-believing “free market” activists wearing Adam Smith neckties (who thus showed that they actually knew nothing about Smith, but never mind).The Federal Reserve then engineered a deep recession (to fight inflation), which combined with a foreign policy crisis to allow Reagan to pull off a surprise win. [read post]
17 Apr 2019, 4:13 am by Ilene Cooper
Flaum v Birnbaum, supra.; Matter of Bradley, 143 NYS2d 264 [1955]). [read post]