Search for: "State v. Darby"
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5 Oct 2007, 11:18 am
Darby. [read post]
17 Jul 2012, 5:50 am
Here are the questions I've put together for teaching The Health Care Cases, NFIB v. [read post]
18 Oct 2012, 3:22 am
Attorneys are free to act in a manner that is "reasonable and consistent with the law as it existed at the time of representation," without exposing themselves to liability for malpractice (Darby & Darby v VSI Intl., 95 NY2d 308, 315; see Noone v Stieglitz, 59 AD3d 505, 507; Iocovello v Weingrad & Weingrad, 4 AD3d 208, 208). [read post]
12 Aug 2014, 10:20 am
The court specifically addressed sobriety checkpoints in Michigan Dept. of State Police v. [read post]
19 Jun 2009, 4:23 am
The court dismissed the legal malpractice complaint, pursuant to CPLR 3211(a)(1), based on documentary evidence from which it concluded that the state of the law at the time the advice was given was unsettled and defendants therefore had not " failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession'" at that time (quoting Darby & Darby v VSI Intl., 95 NY2d 308, 313… [read post]
19 Sep 2016, 6:04 am
The full court opinion is available here Richardson v Wal-Mart (9/9/16). [read post]
30 Mar 2024, 12:41 pm
Darby, 2000 OK 1 (nonprecedential) (hospital); Cox Enterprises v. [read post]
5 Mar 2010, 12:26 pm
State v. [read post]
1 Dec 2011, 2:40 am
Initially, it is noted that inasmuch as the Plaintiff has admitted that the Attorney Defendants' sole role in the transaction was to act as her closing attorney and to assist her in acquiring title to both properties, this Court finds that this transaction was a garden variety real estate transaction that does not require the Attorney Defendants on the instant motions to furnish expert affidavits to establish that they did not breach any standard of professional care (Darby &… [read post]
2 Feb 2011, 8:18 am
This is the alternative holding of United States v. [read post]
14 Apr 2023, 4:52 am
” With regard to plaintiff’s account stated claim, defendant asserted, without corroboration, that she had objected to the invoices at various points, but those “self-serving, bald allegations of oral protests were insufficient to raise a triable issue of fact as to the existence of an account stated” (Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000]; accord Schlenker v Cascino, 124 AD3d at 1153). [read post]
9 Oct 2013, 11:14 am
Darby, 312 U.S. 100, 124 (1941). . . . [read post]
5 Jun 2018, 9:20 am
I think that the interpretations being offered of Article V make an already dreadful article even worse. [read post]
17 Jul 2018, 2:59 pm
They cite U.S. v. [read post]
6 Feb 2011, 2:14 pm
And so the Fifth Circuit struck the GFSZA down.The Fifth Circuit’s opinion was subsequently vindicated by the Supreme Court in United States v. [read post]
19 May 2020, 6:15 pm
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]
14 Sep 2011, 4:25 am
” This past summer, in State v. [read post]
20 May 2010, 3:43 pm
Darby, 312 U.S. 100, 119 -121 (1941); United States [ UNITED STATES v. [read post]
21 Dec 2018, 1:00 pm
I represent four of these women, including Brown, in Brown v. [read post]
