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15 Aug 2018, 4:41 am by Andrew Lavoott Bluestone
“The critical question in determining whether an action sounds in medical malpractice or simple negligence is the nature of the duty to the plaintiff which the defendant is alleged to have breached” (Stanley v Lebetkin, 123 AD2d 854, 854 [2d Dept 1986] [citations omitted]). [read post]
30 Jul 2018, 4:49 am by Andrew Lavoott Bluestone
” As such, we find no abuse of discretion in Supreme Court’s determination that a three-year limitations period applies to defendant’s breach of fiduciary duty claim, which seeks purely monetary relief (see IDT Corp. v Morgan Stanley Dean Witter & Co., 12 NY3d 132, 139 [2009]). [read post]
29 Jul 2018, 2:30 pm by David Lat
O'Scannlain -- who just penned a landmark Second Amendment opinion, Young v. [read post]
26 Jul 2018, 4:19 am by Edith Roberts
” In the Penn Program on Regulation’s Regulatory Review, Eric Fikry explains why last term’s decision in Murphy v. [read post]
21 Jun 2018, 3:20 pm by Mark Walsh
He has had a pretty good June, both inside and outside the court, with his Washington Capitals winning the Stanley Cup two weeks ago. [read post]