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18 Dec 2009, 3:49 am
Notice of claim must be timely to trigger a duty to defend and indemnify the party being suedGutierrez v State of New York, 58 AD3d 805Typically lawsuits in which the issue is whether or not timely notice of a claim has been made involve individuals attempting to sue the State or a political subdivision of the State.The Gutierrez case concerns such a requirement except that in this instance the [read post]
7 May 2007, 5:36 am
While diversity of citizenship may be an appropriate base for jurisdiction,  42 USC 1983 is not, at least in Texas  There, the attorney is not a state actor:"In Combs v. [read post]
5 Jun 2009, 2:09 am by Charon QC
In Palmer v Cornwall County Council [2009] EWCA Civ 456, Waller LJ ruled that a 14 year-old boy, hit in the eye during lunch break by a rock intended for a seagull, can sue Cornwall County Council. [read post]
10 May 2021, 4:05 am by Howard Friedman
The complaint (full text) in Archdiocese of Milwaukee v. [read post]
25 Apr 2014, 2:00 am by Brad Walz
Will the US Supreme Court’s decision in Daimler A.G. v. [read post]
17 May 2024, 8:36 am by Eric Goldman
In In Re Jackson, Judge Leval applied this approach to a right of publicity claim, but it is applicable to any state law cause of action, and in X v. [read post]
22 Feb 2024, 1:20 pm
Moreover, everything that he said in his opinion sounded entirely plausible, so I can't really say with any confidence that individual cities should have the ability to sue video providers for not getting a state franchise and paying the applicable fees. [read post]