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16 Sep 2014, 1:43 am
I have a short piece in today's Irish Independent on the remarkable legal battle between Microsoft and US prosecutors over access to data on non-US users which is stored outside the US, which has now resulted in a finding that Microsoft is in contempt of court.The Irish Independent doesn't currently include inline links to resources in stories, so for background here are:The Magistrate Judge's original ruling that Microsoft must hand over the data;The opinion of Michael… [read post]
24 May 2010, 7:50 am by Tony Mauro
United States, a closely watched case testing the privacy of legal work papers. [read post]
15 Aug 2023, 7:52 am by Richard Frank
  The first legal challenge mounted by Our Children’s Trust was Juliana v. [read post]
20 Feb 2018, 10:24 am
" (American Federation of State, County & Municipal Employees v. [read post]
7 Apr 2010, 3:58 am by Andrew Lavoott Bluestone
"To state a claim for legal malpractice under New York law, a plaintiff must allege: (1) attorney negligence; (2) which is the proximate cause of a loss; and (3) actual damages. [read post]
19 Aug 2009, 4:27 am
In legal malpractice, it is plaintiff's obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. [read post]
1 Jun 2010, 3:37 am by Andrew Lavoott Bluestone
In Reiver v Burkhart Wexler & Hirschberg, LLP ; 2010 NY Slip Op 04565 ; Decided on May 25, 2010 ; Appellate Division, Second Department we see the Appellate Division reversing  dismissal of a legal malpractice action under CPLR 3211. [read post]
16 Jul 2010, 3:34 am by Andrew Lavoott Bluestone
While the DeCaro defendants contend that a rescission defense based on unilateral mistake would not have been successful in the underlying action for specific performance, specific performance may be denied based on unilateral mistake [*4]where the other party must have been aware of the mistake (see Da Silva v Musso, 53 NY2d 543, 548; Sheridan Drive-In v State of New York, 16 AD2d 400, 405; Harper, Inc. v City of Newburgh, 159 App Div 695, 696-697). [read post]
28 Mar 2018, 10:18 am by Matthew L.M. Fletcher
Merits stage briefs: 17-269ts Petitioners Brief 17-269bsUnitedStates 17-269-bs-Tribal Respondents Amici in Support of Petitioners: Idaho and 10 Other States Brief Pacific Legal Foundation Brief Modoc Point Irrigation District Brief Business Organizations Brief Citizens Equal Rights Foundation Brief American Forest & Paper Association and National Mining Association Brief Washington State Association of Counties and Association of Washington Cities Amici Supporting… [read post]
7 Dec 2011, 3:10 am by Andrew Lavoott Bluestone
It is undisputed that the defendants failed to submit such "documentary evidence" when they filed the underlying claim in the Court of Claims and that the underlying claim was dismissed based on that pleading defect (Reed v State of New York, [*2]78 NY2d 1, 7; Gioeli v State of New York, 39 AD3d 815; Piccarreto v State of New York, 144 AD2d 920, 921; Heiss v State of New York, 143 AD2d 67, 69; Ivey v… [read post]
22 Nov 2011, 3:03 am by Andrew Lavoott Bluestone
While the DeCaro defendants contend that a rescission defense based on unilateral mistake would not have been successful in the underlying action for specific performance, specific performance may be denied based on unilateral mistake [*4]where the other party must have been aware of the mistake (see Da Silva v Musso, 53 NY2d 543, 548; Sheridan Drive-In v State of New York, 16 AD2d 400, 405; Harper, Inc. v City of Newburgh, 159 App Div 695, 696-697). [read post]
2 Jul 2019, 7:55 am by Bob Ambrogi
May a state assert copyright in the publication of its legal materials? [read post]
12 Jul 2012, 2:52 am by Andrew Lavoott Bluestone
Client was sued for legal fees and counterclaimed for legal malpractice. [read post]