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26 Jan 2014, 10:47 am
Conduct is "malicious" for these purposes when it reflects "such a conscious and deliberate disregard of the interests of others that [it] may be called wilful or wanton" (Marinaccio v Town of Clarence, 20 NY3d 506, 511 [2013], quoting Dupree v Giugliano, 20 NY3d 921, 924 [2012]; see also Prozeralik v Capital Cities Communications, 82 NY2d 466, 479 [1993]; Carvel Corp. v Noonan, 350 F3d 6, 24 [2d Cir 2003]; Prosser & Keeton, Torts § 2 at 9 [5th ed 1984]).… [read post]
28 Dec 2013, 1:18 pm by Giles Peaker
The claim was on the basis ofan implied obligation to keep the retained parts in repair or alternatively a common law duty as adjoining occupier to remedy any defect in those premises which was capable of causing damage to the demised premises.At trial of the damages counterclaim, Judge Cowell accepted that there was an implied duty on CHA to remedy any defects in the retained parts that would cause damage to the demised properties.He based this on the decision in Hargroves, Aronson & Co… [read post]
28 Dec 2013, 1:18 pm by Giles Peaker
The claim was on the basis ofan implied obligation to keep the retained parts in repair or alternatively a common law duty as adjoining occupier to remedy any defect in those premises which was capable of causing damage to the demised premises.At trial of the damages counterclaim, Judge Cowell accepted that there was an implied duty on CHA to remedy any defects in the retained parts that would cause damage to the demised properties.He based this on the decision in Hargroves, Aronson & Co… [read post]
27 Dec 2013, 8:44 am
  The district court’s order granting summary judgment in Carnes v. [read post]
26 Dec 2013, 8:51 am by Jeff Gittins
The following article was written by Craig Smith, one of my partners at Smith Hartvigsen, PLLC, for the Water & The Law newsletter that our firm publishes on a quarterly basis. [read post]
19 Dec 2013, 12:02 pm
Smith & Nephew, Inc., No. 13 C 1850, slip op. [read post]
16 Dec 2013, 3:54 pm by Orin Kerr
On appeal, the DC Circuit may conclude without much trouble that it is still bound by Smith. [read post]
16 Dec 2013, 12:41 pm by Lyle Denniston
  Judge Leon said that the Supreme Court in the case of Smith v. [read post]
25 Nov 2013, 12:09 pm by Lowell Brown
”6 Another reason for the new emphasis on ensuring that actors, recording artists, athletes, and other celebrities are contractually bound to promote themselves, their projects, and the brands with which they are associated via social networking comes down to the value not only of the celebrities themselves, but of the people who follow them. [read post]
5 Nov 2013, 8:40 am by Matthew Crow
 Matthew Crow, Hobart and William Smith Colleges  Freedom Bound: Law, Labor, and Civic Identity in Colonizing English America, 1580-1865. [read post]
24 Oct 2013, 8:18 pm
Category: 101   By: Eric Paul Smith, Contributor    TitleUltramercial, Inc. v. [read post]
24 Oct 2013, 10:26 am by Paul Rosenzweig
The House Permanent Select Committee on Intelligence was to have had a hearing today on proposed reforms to the NSA surveillance programs. [read post]
15 Oct 2013, 11:26 am by Michelle Yeary
            Failure to report adverse events – the court was bound by Stengel v. [read post]
6 Oct 2013, 7:55 pm
Justice Nathan Smith found that Ms. [read post]