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22 Feb 2010, 2:57 am by Andrew Lavoott Bluestone
Although defendant Prime Holdings does include photographs in its motion papers, [read post]
18 Aug 2014, 8:57 am
As Jonathan recently noted, Ken White at Popehat has a post covering some of the ways in which Michael Brown’s robbery does and does not matter legally. [read post]
6 Mar 2021, 9:59 am by Venkat Balasubramani
The court says the pleading fails to satisfy two of the elements of the claim: (1) the defendants must have had knowledge of the facts giving rise to the relationship, and (2) some impropriety in the interference. [read post]
23 Jan 2017, 8:22 am by Lebowitz & Mzhen
While immunity does not apply in all cases involving government defendants, it is something that most plaintiffs claiming the negligence of a government employee or official will have to confront. [read post]
29 Nov 2007, 1:14 am
Lipper, defendants-appellants-respondents Subscription Required APPELLATE DIVISIONFIRST DEPARTMENTBusiness Law Continuous Representation Doctrine Does Not Extend Accrual Date of Untimely Accounting Malpractice Claims NEW YORK COUNTYContracts Voluntary Payment Doctrine Bars Defendant's Claims to Recover Discount Sid Paterson Advertising Inc. v. [read post]
28 Mar 2017, 10:04 am by Lebowitz & Mzhen
Importantly, even when the doctrine applies, it does not grant immunity against willful or intentional conduct on the part of the landowner. [read post]
23 Jan 2017, 8:22 am by Lebowitz & Mzhen
While immunity does not apply in all cases involving government defendants, it is something that most plaintiffs claiming the negligence of a government employee or official will have to confront. [read post]
8 Jul 2013, 8:34 am by Samantha G. Wilson
Plaintiff also “reference[d] a June 2, 2013 declaration [of the prosecuting attorney] in support of its position that [the attorney] was the source of [the licensee’s] knowledge that the issue fee had not been paid. [read post]
21 May 2014, 10:20 am by Abbott & Kindermann
The defendants filed motions for summary judgment on the ground that the structures and improvements at issue do not violate the reserved easement. [read post]
23 Aug 2017, 5:16 am by Hon. Richard G. Kopf
[ii] By the way, that does not (necessarily) mean I am a schizophrenic. [read post]
20 May 2015, 7:28 am by Joy Waltemath
In reviewing the worker’s motion to dismiss the counterclaim, the court noted that the ICA, which was executed on June 26, 2012, expressly provided that it was only valid “for 2 years from the date signed. [read post]
28 Mar 2022, 6:19 am by Thomas Burke
In their motion to dismiss, the defendants argued that the court lacks subject matter jurisdiction to hear the case because Libre is exempt from CFPB regulation as a person regulated by a state insurance agency and as a merchant of non-financial services, and is not a “covered person” under the CFPA because it does not provide consumer financial products. [read post]
14 Apr 2015, 7:14 am
 The court, applying the Calder “effects test,” finds that it does. [read post]
13 Nov 2012, 6:14 am by Rick St. Hilaire
Among other things, the Amended Complaint alleges that (1) Sotheby's and Ruspoli were aware that the Collector had been the seller of the Defendant in rem in 1975; (2) that Sotheby's consulted with the Collector prior to the importation of the Defendant in rem and throughout the 2010-2011 sale process; (3) that Sotheby's never included information about the Collector's pre-1975 acquisition of the Defendant in rem, or his role as the seller in… [read post]
2 Jun 2009, 12:57 pm by Robinson, Calcagnie & Robinson
[T]he fact that Cynthia expected a limited audience does not change the above analysis. [read post]