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11 Nov 2011, 3:00 am by Andrew Lavoott Bluestone
They failed to demonstrate that the appellants' alleged malpractice (the failure to tender written notice of cancellation of the contract of sale) was a proximate cause of their damages (see Bells v Foster, 83 AD3d 876, 877; compare Logalbo v Plishkin, Rubano & Baum, 163 AD2d 511). [read post]
6 Oct 2011, 6:02 pm by Contributor
October 28th of this month will mark the one year anniversary of the publication of the Anti-SLAPP Panel’s Report to the Attorney General on anti-SLAPP legislation. [read post]
22 Sep 2011, 9:16 am by Bexis
[discussing and agreeing with Foster v. [read post]
21 Sep 2011, 3:05 pm by Law Lady
O'Neill of the Eastern District of California said farm labor contractor Esparza Enterprises Inc. failed to demonstrate that its commercial general liability policy covered inadequate safety precautions for heat.Coverage Dispute: INSUREDS' FAILURE TO PROVIDE DOCUMENTS NULLIFIES BAD-FAITH SUIT, Foster v. [read post]
31 Aug 2011, 10:27 am by Badrinath Srinivasan
In particular, because of the Supreme Court’s recent opinion in AT&T Mobility LLC v. [read post]
22 Jul 2011, 2:47 pm by Evidence ProfBlogger
[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is...one of identification of a person made after perceiving... [read post]
8 Jul 2011, 1:44 pm
Harrington In a setback for media interests, the United States Court of Appeals for the Third Circuit yesterday issued its Opinion in Prometheus Radio Project v. [read post]
1 Jul 2011, 8:45 am by Keith Lee
It dealt with search and seizure of electronic devices at border crossings. [read post]
28 Jun 2011, 5:13 pm by INFORRM
However, ISPs like the tone/civility and sense of community it fosters – and see it as improving the behavior of members. [read post]
17 Jun 2011, 11:47 am by Colin Murray
Gaunt’s insults had just been one aspect of an interview which, taken as a whole, crossed the line beyond acceptable expression (at [39]): It would be wrong to focus too hard individually, let alone exclusively, on (i) Mr Gaunt’s specific insults, such as “health Nazi” or “ignorant pig”, (ii) his hectoring tone and bullying manner, (iii) his persistent interruptions, (iv) his failure to let Mr Stark develop any argument or even answer the points made by… [read post]
25 May 2011, 9:00 am by Record on Appeal
We are pleased to welcome fellow blogger and attorney Charley Foster from Planet Kauai in a discussion of State v. [read post]