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29 Nov 2024, 6:59 am by Andrew Lavoott Bluestone
Accepting the allegations in the complaint as true and according the plaintiffs the benefit of every possible favorable inference, the complaint states a cause of action for legal malpractice (see Ofman v Tenenbaum Berger & Shivers, LLP, 217 AD3d 960, 962). [read post]
16 Feb 2022, 4:59 am by Andrew Lavoott Bluestone
As a preliminary matter, the motion court properly considered plaintiffs’ theory of lost-time damages because, although the theory was not pleaded in the complaint, it was the subject of discovery, and defendant cannot reasonably claim that it did not have notice of or was surprised by it (see Mitchell v 423 W. 55th St., 187 AD3d 661, 662 [1st Dept 2020]; Penner v Hoffberg Oberfest Burger & Berger, 44 AD3d 554, 555 [1st Dept 2007]). [read post]
17 Jun 2016, 3:21 am by Amy Howe
  Other coverage of the Court’s decision in Kirtsaeng v. [read post]
11 Mar 2015, 6:04 am by Amy Howe
Brandt Revocable Trust v. [read post]
10 Jan 2013, 2:41 am by Andrew Trask
Professors Coffee and Lahav spend significant time, for example, in their adequacy discussion focusing on Berger v. [read post]
11 Nov 2019, 1:26 am
Kat friend Tyrone Berger reports on a recent case in Australia that addresses the ever-vexing quetion of when use amounts to trade mark use.In the recent decision of Pinnacle Runway Pty Ltd v Triangl Ltd, the Australian Federal Court has found that the name given to a style of bikini will not amount to 'use as a trademark' so as to consitute trade mark use. [read post]
13 Mar 2019, 3:55 am by Edith Roberts
” At NBC News, Pete Williams looks at Iancu v. [read post]