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23 Aug 2010, 12:44 am
Practice point: If a defendant fails to pay the settlement amount within 21 days of tender of the required documents, plaintiff, without further notice, may enter a judgment for the amount, as well as interest, costs and disbursements, pursuant to CPLR 5003-1(e). [read post]
25 May 2010, 12:53 am
Practice point: As distinguished from issue preclusion and claim preclusion, the law of the case addresses the potentially preclusive effect of judicial determinations made in the course of a single litigation before final judgment. [read post]
7 Jan 2010, 1:19 am
Practice point: To prevail on a claim for fraudulent inducement, plaintiff must establish the intentional misrepresentation of a material fact, justifiable reliance, and a resulting injury. [read post]
30 Nov 2009, 12:20 am
Practice point: When plaintiff fails to serve a responsive bill of particulars following a conditional order of preclusion, the order becomes absolute. [read post]
1 Mar 2010, 1:22 am
Practice point: Attempted service is defective when the mailing is sent to defendant’s workplace in an envelope indicating it is from a law firm. [read post]
28 Jun 2010, 12:48 am
Practice point: To vacate a default, defendant must demonstrate a reasonable excuse and a potentially meritorious defense, pursuant to CPLR 5015[a][1]. [read post]
19 Jul 2010, 12:57 am
Practice point: A defendant looking to amend the answer to allege a counterclaim is not required to submit evidentiary proof. [read post]
19 Oct 2010, 12:56 am
Practice point: The court cannot dismiss a complaint for failure to prosecute if plaintiff has shown a justifiable excuse for the delay and a potentially meritorious cause of action, pursuant to CPLR 3216. [read post]
22 Mar 2010, 1:22 am
Practice point: A defendant may move to change the place of trial within fifteen days after service, unless plaintiff consents to the change of venue within five days of service, pursuant to CPLR 511[b]. [read post]
28 Oct 2010, 12:44 am
Practice point: A sanction for spoliation requires a showing that the other side disposed of critical evidence, fatally compromising the ability to defend the action. [read post]
25 May 2023, 2:32 am
The European Patent Convention (EPC) is used daily by many patent practitioners and is essential reading for the thousands of candidates taking the European Qualifying Examination (EQE) each year. [read post]
7 Apr 2010, 1:18 am
Practice point: The law of the case does not apply to discretionary rulings regarding case management. [read post]
18 Nov 2010, 12:47 am
Practice point: An account stated is an agreement based on prior transactions with respect to the correctness of the account items and the balance due. [read post]
2 Sep 2010, 12:52 am
Practice point: The writ of prohibition is available only where there is a clear legal right, and only in those cases where a court acts or threatens to act in excess of its powers. [read post]
23 Jul 2010, 12:36 am
Practice point: On a party’s death, the court no longer has jurisdiction to conduct proceedings, and the action is stayed as to decedent pending substitution of a legal representative. [read post]
3 Mar 2010, 1:09 am
Practice point: When 30 mph winds allegedly caused a piece of plywood to become airborne, the “act of God” affirmative defense will be dismissed since such winds do not constitute an unusual, extraordinary and unprecedented event. [read post]
9 Jul 2013, 8:40 am
Robinson granted a parent company's motion to dismiss infringement claims made against it based on the alleged conduct of its subsidiaries. [read post]
23 Feb 2011, 12:34 am
App. 3d 806 (1991) held that a party has no right to bring a second motion to certify a class after the court has denied the first motion and the time for appeal has passed. [read post]
8 Feb 2016, 12:40 pm
After extensive briefing, three hearings, and numerous rounds of evidentiary submissions, the trial court denied the motion to amend “on the sole basis that plaintiffs failed act with due diligence in bringing the motion[,]” relying on Alexander v. [read post]
7 Jul 2022, 6:21 am
While other platforms may tell you that a judge has denied motions to dismiss in 99% of securities cases, they do not tell you what was going on in the 1% of motions the judge granted. [read post]
