Search for: "Darby v. Darby" Results 41 - 60 of 232
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7 Jun 2020, 1:17 am by Schachtman
Requirements Imposed By State Licensing Boards and Medical Professional Societies The involvement of medical professionals in disciplining physicians for dubious litigation testimony, whether through state licensing authorities or voluntary medical associations, raises some difficult questions: Does a physician’s rendering an opinion on a medical issue in litigation, such as diagnosing silicosis, asbestosis, welding-induced encephalopathy, or fenfluramine-related cardiac injury, constitute the… [read post]
19 May 2020, 6:15 pm by Sandy Levinson
 In any event this would require recognizing that, say, the oath taken by Herbert Hoover was significantly different from the oath taken by Harry Truman or, more to the point, Richard Nixon and Ronald Reagan, given the repudiation of the pre-New Deal understanding of the Commerce Clause in favor of the post-Darby, Wickard v. [read post]
28 Dec 2019, 9:51 pm by Guest
Darby Lumber Co., that a broad and deferential approach to federal commerce regulation was the rule, and the Lochner era the exception:In the more than a century which has elapsed since the decision of Gibbons v. [read post]
20 Nov 2019, 4:27 am by Andrew Lavoott Bluestone
“”In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney ‘failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession’ and that the attorney’s breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007], quoting McCoy v Feinman,… [read post]
28 Oct 2019, 4:00 am by Josh Blackman
Part V: The Separation of Powers Every casebook included Morrison v. [read post]
24 Sep 2019, 7:00 am by Josh Blackman
Darby (1941)   You can also download the E-Book or stream the videos. [read post]
11 Sep 2019, 4:49 am by Andrew Lavoott Bluestone
  Judge Leon Ruchelsman  picks up: “To succeed on a claim for.legal malpractice it must be shown that the attorney failed to act with the “ordinary reasonable skill and knowledge commonly possessed by a member of the legal professional (Darby & Darby, P.C. v; VST International, Inc., 95 NY2d 308, 716 NYS2d 378 [2000]). [read post]
13 Aug 2019, 4:34 am by Andrew Lavoott Bluestone
From Glenwayne:  “In an action to recover damages for legal malpractice, a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession’ and that the attorney’s breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, quoting McCoy v… [read post]
5 Jul 2019, 9:30 pm by Dan Ernst
Darby, and the Tenth Amendment over at Balkinization. [read post]