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5 Aug 2010, 6:07 am
Remanding an arbitration award for the sole purpose of calculating or recalculating "damages" does not permit a new determination on the meritsShroid Construction v Dattoma, App Div, 250 AD2d 590Sometimes an arbitration award is challenged pursuant to Article 75 and while sustained on the merits, the matter is remanded to calculate or recalculate the amount of “damages” to be paid. [read post]
10 Mar 2011, 9:54 am by Lawrence B. Ebert
Within a discussion of Festo in a law review article titled Foreseeable Trouble: How Festo Corp. v. [read post]
3 May 2010, 3:37 am
Requesting the reconsideration of an administrative determination does not toll the statute of limitations for bring an Article 78 actionMatter of Barresi v County of Suffolk, 2010 NY Slip Op 03439, Decided on April 27, 2010, Appellate Division, Second DepartmentPhilip R. [read post]
15 Apr 2016, 9:00 am by Samantha L. Walls
In doing so, the Supreme Court expressly overruled a previous holding by the Court of Appeals in New Freedom Mtg Corp v Globe Mtg Corp, 281 Mich App 63; 761 NW2d 832 (2008). [read post]
15 Jun 2019, 8:17 pm by Patent Docs
IPS Group, Inc., Enzo Biochem Inc. v. [read post]
20 Feb 2012, 5:03 am by sally
The case is, in effect, the appeal against HHJ Stewart QC’s judgment in Gray v Toner (Liverpool County Court, 11th November 2010) and provides the answer to the questions which have bedevilled detailed assessments for the last 18 months or so – from what date does interest on costs usually run and does the fact the Claimant was on a CFA provide a reason to not award interest until the costs are assessed” Full story (PDF) 4 New Square, 16th February 2012… [read post]
2 Jan 2015, 12:04 pm by Kevin Smith, J.D.
 The ruling is made that much worse because the Court had before it an example of how the situation should have been handled, in the case of NCTQ v. [read post]