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16 Sep 2022, 5:14 am by Andrew Lavoott Bluestone
Plaintiff’s presumption that there would be a continuation of the retainer agreement she signed with J&S when Schlesinger moved to MLF is insufficient to raise an issue of fact (See Davis v Cohen & Gresser, LLP, 160 AD3d 484,486 [1 st Dept 2018] citing Pellegrino v Oppenheimer & Co., Inc., 49 AD3d 94, 99 [1st Dept 2008] [“a party cannot create the relationship based on his or her own beliefs or actions”]; Jane St. [read post]
9 Sep 2022, 6:41 am by Andrew Lavoott Bluestone
Cohen is an illustration of how the continuous representation period can end when one of the legs collapses. [read post]
7 Sep 2022, 5:32 am by Andrew Lavoott Bluestone
And so even if there was some malpractice, successor counsel had a chance to address it (Davis v Cohen & Gresser, LLP, 160 AD3d 484, 487, 74 NYS3d 534 [1st Dept 2018] [dismissing a legal malpractice claim where a successor counsel had sufficient time to protect plaintiff’s interests and failed to do so]). [read post]
6 Sep 2022, 6:12 am by Dan Bressler
Cohen, TNJ Holdings, Inc v Rubenstein (Decision and Order [Sup Ct, NY County Sept. 13, 2021]), in which the Court, applying Delaware law, dismissed a shareholder derivative suit for lack of standing under CPLR 3211 (a) (3) because the plaintiff brought a mix of direct and derivative claims, the value of the direct claims eclipsing the derivative claims. [read post]
31 Aug 2022, 6:32 am
In January 2010, decades of legal precedent were overturned when the Supreme Court, in Citizens United v. [read post]
31 Aug 2022, 6:32 am
In January 2010, decades of legal precedent were overturned when the Supreme Court, in Citizens United v. [read post]
29 Aug 2022, 4:40 am by Franklin C. McRoberts
Cohen, TNJ Holdings, Inc v Rubenstein (Decision and Order [Sup Ct, NY County Sept. 13, 2021]), in which the Court, applying Delaware law, dismissed a shareholder derivative suit for lack of standing under CPLR 3211 (a) (3) because the plaintiff brought a mix of direct and derivative claims, the value of the direct claims eclipsing the derivative claims. [read post]
22 Aug 2022, 4:00 am by Howard Friedman
Glenn Cohen, Melissa Murray & Lawrence O. [read post]
17 Aug 2022, 4:50 am by Andrew Lavoott Bluestone
While plaintiff cites to cases where a legal malpractice claim was held viable despite a settlement in the underlying action (Cohen v Lipsig, 92 AD2d 536 [2d Dept 1983]; Lattimore v Bergman, 224 AD2d 497 [2d Dept 1996]; Mazzei v Pokorny, Schrenzel & Pokorny, 125 AD2d 374 [1986]), these cases are distinguishable as none relate to a claim where the attorneys pressured a client to enter into a settlement; rather the cases cited involve circumstances… [read post]
8 Aug 2022, 3:00 am by Jeff Welty
It has been effectively undermined by a series of Supreme Court decisions beginning in the 1970s: In Cohen v. [read post]
6 Aug 2022, 9:33 am by jeffreynewmanadmin
The original complaint may be viewed here: file:///C:/Users/JNewman/Documents/Long-ex-rel-US-v-Modernizing-Medicine-Daniel-Cane-qui-tam-complaint.pdf The whistleblower is represented by Phillips and Cohen law firm. [read post]
5 Aug 2022, 4:00 am by Jim Sedor
Jan. 6 Text Messages Wiped from Phones of Key Trump Pentagon Officials CNN – Tierny Sneed and Zachary Cohen | Published: 8/2/2022 The Department of Defense (DOD) wiped the phones of top departing DOD and Army officials at the end of the Trump administration, deleting any texts from key witnesses to events surrounding the attack on the U.S. [read post]
3 Aug 2022, 4:37 am by Andrew Lavoott Bluestone
” “Plaintiff could not have prevailed in the underlying action — and, therefore, cannot prevail in this legal malpractice action (see Warshaw Burnstein Cohen Schlesinger & Kuh, LLP v Longmire, 106 AD3d 536, 536 [1st Dept 2013]) — because plaintiff’s fraud and breach of contract claims against Stack’s and the auctioneers would have been flatly defeated by the various disclaimers and conditions in the terms of sale contained in the auction… [read post]
30 Jul 2022, 6:01 am by Benjamin Pollard
Matt Perault detailed the shifting partisan fault lines in speech policy after Dobbs v. [read post]
29 Jul 2022, 6:15 am by Tess Graham
Since early 2022, Just Security has published more than 100 articles analyzing the diplomatic, political, legal, economic, humanitarian, and other issues and consequences of Russia’s war on Ukraine. [read post]
27 Jul 2022, 11:44 am by Benjamin Pollard
Yuval Shany and Amichai Cohen discussed a recent Israeli Supreme Court ruling that effectively blocks tort claims arising from Gaza. [read post]