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22 Dec 2020, 7:26 pm by JP Sarmiento
Since our client resided in Fostoria Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. [read post]
28 Aug 2020, 9:50 am by Evan Schwartz
The Court held that the plaintiffs plausibly stated claims for coverage in all of these areas. [read post]
11 Jun 2008, 5:35 pm
In an interesting new article in the Green Bag, Stephen Vladeck offers a creative solution to what he (and Justice Scalia, in INS v. [read post]
11 Jan 2023, 3:03 am by Andrew Lavoott Bluestone
To establish an account stated, there must be a mutual examination of the claims of the respective parties, a balance struck, an agreement either express or implied that the balance is correct, and that the party against whom it is found will pay it (Bank of New York-Del. v Santarelli, 128 Misc 2d 1003, 1004 [County Ct, Greene County 1985]).A client has “an absolute right, at any time, with or without cause, to terminate theattorney-client relationship by discharging… [read post]
19 Oct 2017, 4:20 am by Andrew Lavoott Bluestone
See, e:g., Laub v Faessel, 297 A.D.2d 28, 31 (1st Dep’t 2002) (stating that for breach of fiduciary, “plaintiff must establish that the alleged misrepresentations or other misconduct were the direct and proximate cause of the losses claim”); Pokoik v. [read post]
7 Apr 2010, 8:32 am
Filed: March 22, 2010Opinion by Judge Clayton Greene, Jr.Held: An individual member of an LLC may be exposed to personal liability if he commits, inspires or participates in a tort. [read post]
27 May 2008, 3:47 pm
In his new appeal (Green v. [read post]