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22 May 2024, 5:23 am by Rob Robinson
Editor’s Note: Welcome to the May 2024 edition of “Vendor Voices in eDiscovery. [read post]
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Zaccaro, Co., Inc. v DHA Capital, LLC, 157 AD3d 602, 602 [1st Dept 2018], lv denied 31 NY3d 907 [2018]; see also Jerome Prince, Richard on Evidence § 8-215 [Farrell 11th ed 1995]). [read post]
20 May 2024, 6:26 am by Kevin LaCroix
Others are specific to economic research itself.For example, Doug Greene, the leader of BakerHostelter’s securities and governance litigation team, wrote in 2022 that the infrequent use of initial case assessment — and by association, initial economic assessment — can be attributed to a low cap or budget offered to secure the engagement; the (incorrect) view that a motion to dismiss is mostly a matter of identifying what the complaint does not allege, as opposed to an… [read post]
20 May 2024, 4:55 am by Andrew Lavoott Bluestone
In opposition, the plaintiff failed to raise a triable issue of fact (see Magnacoustics, Inc. v Ostrolenk, Faber, Gerb & Soffen, 303 AD2d 561, 562). [read post]
17 May 2024, 1:07 pm by John Ross
This week the Tenth Circuit vacates that opinion and requests supplemental briefing on how the Supreme Court's recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. [read post]
17 May 2024, 2:56 am by Andrew Lavoott Bluestone
“In this legal malpractice action, plaintiff, an attorney acting pro se, alleges that defendants Bellinson Law, LLC, and Robert J. [read post]
16 May 2024, 12:11 pm by centerforartlaw
Case development In September 2023, there was a development in the case when the Gallery sought to be indemnified by AXA XL, the Gallery’s insurer.[27] The Gallery claimed the injuries to the works were caused by third parties and asked to be indemnified by AXA, meaning AXA would pay the amount owed by the Goodman Gallery to the Estate if the Goodman Gallery were found responsible in the lawsuit.[28] The Goodman Gallery attributed any alleged damage of the works to “negligence,… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 8:31 am by Law Office of Ray Garcia, P.A.
Our team relies consistently upon case law to defend and advocate for our clients’ rights to enter into contracts freely and willingly. [read post]