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14 Jul 2023, 5:00 am by Andrew Lavoott Bluestone
Moreover, there are no allegations related to breaching a promise to acehive a specific result, but only allegations about breaches of vague and non-specific (and somewhat boilerplate) provisions of the retainer agreement (see Mamoon v Dot Net Inc., 135 AD3d 656 [1st Dept 2016] citing Sage Realty Corp. v Proskauer Rose, 251 AD2d 3 5, 3 9 [1st Dept 1998] [ dismissing breach of contract claim as duplicative of legal malpractice claim where there were no allegations about a breach of… [read post]
6 Sep 2009, 1:16 pm
  (Kevin Smith had an especially thoughtful post on the suit earlier this summer.) [read post]
25 Sep 2008, 2:40 pm
 The Court of Appeals for the Sixth Circuit reached that conclusion concerning transgender status in Smith v. [read post]
26 Jan 2024, 9:01 am by Just Security
”  South Africa had argued that the imposition of such a requirement would follow the model the Court had used in the provisional measures phase of Ukraine v. [read post]
22 Apr 2015, 6:55 am by Law Lady
Child support -- Modification -- Administrative support order -- Trial court fundamentally erred when it reduced father's monthly child support obligations without notice or hearingDEPARTMENT OF REVENUE, o/b/o Loretta Sermon, Cherral Smith, and Yata Frichelle Canty, Appellant, v. [read post]
7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
30 Sep 2014, 1:32 pm by Stephen Bilkis
With respect to Section 10.07(c), the Legislature's intent is demonstrated by the label - "civil" - given to the provision by the Legislature, the way in which the provision was codified, and the enforcement procedures it establishes, all identifiers of legislative intent as held in Smith v. [read post]