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28 Dec 2013, 2:00 pm by Lauren Bateman
 Here—and unlike plaintiffs in the Supreme Court’s Clapper v. [read post]
28 Dec 2013, 1:18 pm by Giles Peaker
The claim was on the basis ofan implied obligation to keep the retained parts in repair or alternatively a common law duty as adjoining occupier to remedy any defect in those premises which was capable of causing damage to the demised premises.At trial of the damages counterclaim, Judge Cowell accepted that there was an implied duty on CHA to remedy any defects in the retained parts that would cause damage to the demised properties.He based this on the decision in Hargroves, Aronson & Co… [read post]
28 Dec 2013, 1:18 pm by Giles Peaker
The claim was on the basis ofan implied obligation to keep the retained parts in repair or alternatively a common law duty as adjoining occupier to remedy any defect in those premises which was capable of causing damage to the demised premises.At trial of the damages counterclaim, Judge Cowell accepted that there was an implied duty on CHA to remedy any defects in the retained parts that would cause damage to the demised properties.He based this on the decision in Hargroves, Aronson & Co… [read post]
28 Dec 2013, 5:41 am by Benjamin Wittes
On the merits, I agree with Judge Pauley that—at the lower court level, at least—there is just no way around the fact that Smith v. [read post]
28 Dec 2013, 5:00 am by Peter Margulies
On the Fourth Amendment, Judge Pauley’s opinion also counsels a salutary caution on the premature burial of Smith v. [read post]
27 Dec 2013, 8:14 pm by Second Circuit Civil Rights Blog
Judge Pauley sustains the NSA program under the Constitution.Judges Leon and Pauley have to deal with a Supreme Court ruling from 1979, Smith v. [read post]
27 Dec 2013, 8:44 am
  The district court’s order granting summary judgment in Carnes v. [read post]
27 Dec 2013, 6:00 am by Daniel E. Cummins
McVerry of the Western District of Pennsylvania granted the motions in limine filed by both parties in this regard and precluded the use of expert witnesses in an insurance bad-faith lawsuit as being unnecessary.In Schifino, McVerry relied upon the case of Smith v. [read post]
27 Dec 2013, 6:00 am by Daniel E. Cummins
McVerry of the Western District of Pennsylvania granted the motions in limine filed by both parties in this regard and precluded the use of expert witnesses in an insurance bad-faith lawsuit as being unnecessary.In Schifino, McVerry relied upon the case of Smith v. [read post]
26 Dec 2013, 9:01 pm by John Dean
Supreme Court holding in the 1979 case of Smith v. [read post]
26 Dec 2013, 8:51 am by Jeff Gittins
The following article was written by Craig Smith, one of my partners at Smith Hartvigsen, PLLC, for the Water & The Law newsletter that our firm publishes on a quarterly basis. [read post]
24 Dec 2013, 9:42 am
Smith Jr. for this dissental (dissent from the denial of rehearing en banc) in Lane v. [read post]
23 Dec 2013, 10:11 am by Dennis
Best Law Practice Management Blog – Adam Smith, Esq.4. [read post]