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10 Jun 2011, 5:54 am
The recent judgment of the Court of Appeal in Araci v Fallon contains a clear exposition of this point. [read post]
27 Jun 2022, 6:16 am by Andrew Lavoott Bluestone
Moreover, “[t]he willful or contumacious character of a party’s conduct can be inferred from the party’s repeated failure to respond to demands or to comply with discovery orders, and the absence of a reasonable excuse for these failures, or by the failure to comply with court-ordered discovery over an extended period of time” (Nationstar Mtge., LLC v Jackson, 192 AD3d 813, 815 [internal quotation marks omitted]; see Henry v Atlantis… [read post]
16 Feb 2010, 9:18 am by Lyle Denniston
Jackson (09-497) — judge-or-arbitrator power to determine if an arbitration agreement is valid, when the two sides assign that issue to the arbitrator Hardt v. [read post]
21 Dec 2010, 8:30 pm by Simon Gibbs
  In Arkin v Borchard Lines Ltd [2001] NLJR 970 Coleman J held: “26. [read post]
5 Oct 2010, 4:40 am by cdw
Cate decided last Monday and Michael Angelo Morales and Albert Greenwood Brown v. [read post]