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9 Dec 2015, 6:50 am
[W]hen a party cannot satisfy its state duties without the Federal Government’s special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for pre-emption purposes.Mensing, 131 S. [read post]
10 Oct 2016, 1:14 pm
., defendants' use of the report from a non-engineer in disclaiming coverage, had the potential to affect only a single commercial property loss claim between plaintiff and defendants (see Canario v Gunn, 300 AD2d 332, 333). [read post]
22 Mar 2013, 9:48 am by Dennis Crouch
Minton other than writing that "[w]e have jurisdiction under 28 U.S.C. [read post]
24 Nov 2022, 9:07 am by Russell Knight
“[W]hen the property at issue is a small business and the parties have shown that they cannot work together, it is better to award the business solely to one party or the other. [read post]
1 Aug 2010, 5:10 am by Daniel E. Cummins
Over the past two months, I published a two-part article on the consolidation vs. severance issue in Post-Koken cases in the Pennsylvania Law Weekly, a statewide legal publication. [read post]
3 Jul 2021, 9:57 am by Russell Knight
“[W]hen a witness testifies as to an out-of-court statement, he is required to recite it as accurately as possible without offering his opinion as to what that statement might mean. [read post]
1 Nov 2011, 12:00 pm by Lucas A. Ferrara, Esq.
Steel, New York City Economic Development Corporation President Seth W. [read post]