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29 Jan 2024, 4:46 am by Franklin C. McRoberts
More than a dozen years ago, Peter Mahler wrote about one such case, Barasch v Williams Real Estate Co. (33 Misc 3d 1219[A] [Sup Ct, NY County 2011]). [read post]
29 Jan 2024, 3:45 am by Andrew Lavoott Bluestone
“A party that seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction, that the evidence was destroyed with a culpable state of mind, and that the destroyed evidence was relevant to the party’s claim or defense such that the trier of fact could find that the evidence would support that claim or defense” (Pegasus Aviation I, Inc. v Varig… [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
27 Jan 2024, 9:13 am by Mavrick Law Firm
Signature Flight Support-Palm Beach, Inc., 941 So. 2d 576 (Fla. 4th DCA 2006) (“Florida has followed this general rule that a cause of action for breach of contract accrues at the time of the breach, ‘not from the time when consequential damages result or become ascertained. [read post]
26 Jan 2024, 5:44 am by Andrew Lavoott Bluestone
“Under the doctrine of judicial estoppel, also known as estoppel against inconsistent positions, a party may not take a position in a legal proceeding that is contrary to a position he or she took in a prior proceeding, simply because his or her interests have changed” (Bihn v Connelly, 162 AD3d 626, 627; see Archer v Beach Car Serv., Inc., 180 AD3d 857, 861). [read post]
25 Jan 2024, 11:40 am by CodeX
We consider the role of supervisory AI agents, assistants that provide not only continuous monitoring of real-time engagements with foundation models, but also offer an initial triaging capability that facilitates intervention and defers decision-making to the human expert. [read post]