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12 Jul 2011, 7:12 am
324/09 L’Oréal SA, Lancôme parfums et beauté & Cie, Laboratoire Garnier & Cie, L’Oréal (UK) Limited v eBay International AG, eBay Europe SARL and eBay (UK) Limited (see Part I for background, Part II for the ruling and an easy summary). [read post]
10 Jun 2015, 7:30 am by Emma Lewis, Olswang LLP
They gave three reasons for their conclusion: No misuse of power Eclairs and Glengary sought to rely on the case of Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821 where it was held that the board had used their power for an improper purpose. [read post]
13 Jul 2022, 3:44 am by Andrew Lavoott Bluestone
” “Here, the plaintiff failed to state causes of action sounding in breach of contract, legal malpractice, breach of fiduciary duty, and fraud, as she failed to adequately allege the element of [*2]damages with respect to each of those causes of action (see Denisco v Uysal, 195 AD3d 989 [2021]; McSpedon v Levine, 158 AD3d 618, 621 [2018]; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848 [2012]; Smith v Chase… [read post]
23 Jun 2011, 8:03 am
Justice Kennedy delivered the opinion of the Court in Sorrell v. [read post]
27 Feb 2011, 10:00 am by Howard Friedman
Among other things, plaintiff alleged that his prayers to Allah were not answered for 40 days because of his eating the pork products.In Smith v. [read post]
22 Apr 2007, 5:58 am
Bock that liberalized exhaustion requirements under the Prison Litigation Reform Act.In Muhammad/Smith v. [read post]
21 Nov 2019, 4:27 am by Andrew Lavoott Bluestone
Contrary to Devereaux’s contention, the allegedly defamatory statement made by Burrows was not actionable because it was absolutely privileged as a matter of law (see Brady v Gaudelli, 137 AD3d 951, 952; El Jamal v Weil, 116 AD3d 732, 734; Bisogno v Borsa, 101 AD3d 780, 781; Kilkenny v Law Off. of Cushner & Garvey, LLP, 76 AD3d 512, 513), and does not support a finding of a violation of Judiciary Law § 487 (see Seldon v Lewis… [read post]