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23 Oct 2015, 10:30 am by David Kopel
s handgun ban would fail ‘[u]nder any of the standards of scrutiny.'” So the 2nd Circuit proceeded to Step 2 of Marzzarella: apply some form of heightened scrutiny. [read post]
7 Aug 2023, 4:40 am by Franklin C. McRoberts
Simon v FrancInvest, S.A. (2023 NY Slip Op 32422[U] [Sup Ct, NY County July 7, 2023]), was a summary judgment decision in a litigation still going strong after nearly ten years over a family-owned medical practice called the French-American Surgery Center (the “Surgery Center”) operating out of a valuable, family-owned condominium adjacent to Central Park in Manhattan (the “Premises”). [read post]
13 Jan 2020, 4:42 am by Andrew Lavoott Bluestone
” The statute’s “arose from” language is interpreted strictly to exclude claims that merely “relate to” but do not actually “arise out of the same transactions or occurrences” (SCM Corp. v Fisher Park Lane Co., 40 NY2d 788, 792 [1976]; see Levy v Kendricks, 170 AD2d 387, 388 [1st Dept 1991]). [read post]
1 May 2007, 3:42 am
All opinions are precedential unless otherwise indicated.Intamin, LTD. v. [read post]
25 Jun 2018, 3:41 am by Peter Mahler
Justice Dufficy’s ruling in Matter of Kassab v Kasab, 2018 NY Slip Op 50934(U) [Sup Ct Queens County June 11, 2018], comes on the heels of a post-trial decision last year in a related case brought by Nissim in which Justice Dufficy conditionally ordered dissolution of their corporation known as Corner 160 Associates, Inc. [read post]
20 Oct 2016, 11:28 am by John Elwood
(relisted after the October 7 and October 14 Conferences)   Thanks to Bryan U. [read post]
26 Aug 2014, 8:03 am by Robert Kreisman
Chicago Housing Authority v. 3721-3723 Elston Condominium and Tera Healy, 2014 IL App (1st) 130626-U (May 23, 2014). [read post]
9 Apr 2015, 5:00 am
  Wattaccurately states that “[u]nder the learned intermediary doctrine, however, a prescribing physician may bear all of the responsibility when a consumer is given an inadequate warning about a drug, even when a manufacturer played some role in making that warning insufficient. [read post]