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8 Jun 2007, 1:10 pm
Judge Michael Sauer said, before Paris was released, he was contacted by theSheriff and told they would file a motion to place Paris under house arrest. [read post]
3 Mar 2021, 3:43 am
“In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney ‘failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession’ and that the attorney’s breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy v Feinman, 99 NY2d 295,… [read post]
8 Oct 2019, 4:39 am
The allegations in the complaint establish that but for defendants’ conduct in withdrawing the appeal from Justice Ecker’s ruling, and in sending a different lawyer than the one promised to represent him at the reinstatement hearing, he would not have incurred damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 271-272 [1st Dept 2004]). [read post]
21 Apr 2009, 5:21 am
" Indeed, in the circa 1993 case that produced the preceding quote, In re Sauer, the TTAB upheld a refusal to register "BO BALL" (and design) for a ball on the ground that "BO" corresponded to the nickname of athlete Bo Jackson, that consumers would draw a connection between Bo Jackson and the "BO BALL" ball, and that Bo Jackson had not given written consent to use his (nick)name. [read post]
27 Jan 2011, 3:36 am
Speakers include Margo Bagley, Hans Sauer (BIO), and John Conley. [read post]
22 Feb 2021, 6:12 am
In this circumstance, we find no basis to disturb the Civil Court’s implicit conclusion that defendant did not establish a failure by plaintiff “to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession and that the attorney’s breach of this duty proximately caused [defendant] to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007] [internal… [read post]
25 May 2022, 3:39 am
Issues of fact exist as to each element of plaintiff’s legal malpractice cause of action (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
19 Oct 2022, 5:52 am
., that he would not have incurred the punitive damages award but for Leifer’s negligence (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
11 Feb 2011, 1:18 pm
He ordered Raney out of the car and searched him, finding a .45 caliber Sig Sauer firearm in his waistband. [read post]
13 Oct 2011, 2:24 pm
Leder v Spiegel, 9 NY3d 836 [2007]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]; Carmel v Lunney, 70 NY2d 169 [1987]). [read post]
6 Oct 2009, 4:22 am
Moreover, in any event, the plaintiffs' allegations as to the consequences and damages flowing from the appellant's alleged failure to accede to Hashmi's request that Permakoff immediately move to dismiss the complaint in the medical malpractice action are also too speculative to permit a trier of fact to find that such failure caused "actual and ascertainable damages" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 442) to them. [read post]
19 May 2023, 3:51 am
Plaintiffs’ legal malpractice cause of action should not have been dismissed under CPLR 3211 (a) (1) or CPLR 3211 (a) (7) (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
30 Apr 2010, 3:34 am
An attorney is liable in a malpractice action if the plaintiff can prove that the attorney failed to exercise the skill commonly exercised by an ordinary member of the legal community and that such negligence was the proximate cause of damages (see Rudolph v Shayne, Dachs, Stanisci, Corten & Sauer, 8 NY3d 438, 442; Barnett v Schwartz, 47 AD3d 197, 203; Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC v Comprehensive Mental Assessment & Med. [read post]
29 Mar 2024, 5:45 am
Conklin, who represented plaintiff in an underlying action alleging accounting malpractice, among other things, were entitled to dismissal of the complaint given that plaintiff failed to allege that defendants were negligent or that they proximately caused any damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Fielding v Kupferman, 65 AD3d 437, 442 [1st Dept 2009]). [read post]
8 Mar 2024, 10:25 am
” The bill was sponsored by Bobby Cox, who is also the Vice President of Government Affairs at gun maker SIG-SAUER, and had support from the National Rifle Association (NRA) who also praised the bill for strengthening “self-defense” rights. [read post]
18 Aug 2009, 10:00 am
Such orders may put the requesting party in the position it would have been in had the requested discovery been entirely favorable (Sauer v. [read post]
12 Aug 2010, 4:00 am
Read the decision at: Sauer v. [read post]
2 Sep 2009, 4:35 am
To establish a claim to recover damages for legal malpractice, "a plaintiff must demonstrate that the attorney 'failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession' and that the attorney's breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman, 99… [read post]
26 May 2023, 4:51 am
“Damages in a legal malpractice case are designed ‘to make the injured client whole’ ” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 443 [2007], quoting Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 42 [1990]), and defendants failed to meet their initial burden of establishing that decedent’s estate did not sustain any damages or that any damages were speculative (cf. [read post]
Federal Prison Sentence Possible for Defendants Who Pled Guilty to Stealing Firearms at a Trade Show
3 Jul 2019, 6:38 am
According to the criminal complaint, the stolen weapons included the following: Remington machine guns, rifles and pistols; Denel Land Systems machine guns; Mauser rifles; Glock pistols; Sauer & Sohn rifles; and Advanced Armament silencers. [read post]
