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12 Nov 2012, 5:50 pm
Judgment Released: May 8, 2012  Link to Judgment The Ontario Court of Appeal dealt with an appeal where summary judgment had been granted by the Court below, prior to the release of Combined Air. [read post]
4 Jun 2018, 1:43 pm by Rick Hills
From a liberal’s perspective, Justice Kennedy’s Lukumi “hostility” theory in Masterpiece Cakeshop seems like the ideal opinion: It seems too narrowly fact-based to endanger anti-discrimination laws yet almost custom-tailored (or -baked?) [read post]
21 Aug 2011, 11:43 am by Marcia Oddi
Updating a long list of earlier ILB entries, which already include several by Fort Wayne Journal Gazette reporter Rebecca S.... [read post]
18 Feb 2015, 11:31 am by Jed Cain
The development of good legal “vision” is becoming increasingly more difficult for young lawyers. [read post]
20 Jun 2007, 6:46 am
Here is the abstract: This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. [read post]
2 Apr 2010, 11:42 am by Bill Marler
For those with access to Minnesota Rules of Court:  Key Rules - Volume IIA - Federal - 2010, you will find a copy of the Complaint beginning on page 538 - 542. [read post]
14 Jul 2023, 5:00 am by Andrew Lavoott Bluestone
Moreover, there are no allegations related to breaching a promise to acehive a specific result, but only allegations about breaches of vague and non-specific (and somewhat boilerplate) provisions of the retainer agreement (see Mamoon v Dot Net Inc., 135 AD3d 656 [1st Dept 2016] citing Sage Realty Corp. v Proskauer Rose, 251 AD2d 3 5, 3 9 [1st Dept 1998] [ dismissing breach of contract claim as duplicative of legal malpractice claim where there were no allegations about a breach of… [read post]
6 Jun 2011, 8:04 am by Mark Herrmann
”An order-taking associate returns a half hour later: “Here’s a copy of Smith v. [read post]
21 Feb 2012, 7:26 pm by moderator
Moats: Judge Jerry Smith reversed the trial court and held that the police officer lacked reasonable suspicion of criminal activity to justify pulling up behind the defendant's parked vehicle and activating her blue emergency lights.State of Tennessee v. [read post]
6 Jun 2012, 5:12 pm by Gilles Cuniberti
Silberman, Goodyear and Nicastro: Observations from a Transnational and Comparative Perspective Lea Brilmayer & Matthew Smith, The (Theoretical) Future of Personal Jurisdiction: Issues Left Open by Goodyear Dunlop Tires v. [read post]
29 Dec 2008, 3:28 am
Unearned fees may be recovered in a malpractice action, and "plaintiff's damages may include 'litigation expenses incurred in an attempt to avoid, minimize, or reduce the damage caused by the attorney's wrongful conduct'" (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 443, quoting DePinto v Rosenthal & Curry, 237 AD2d 482, 482 [1997]; see 3 Mallen and Smith, Legal Malpractice § 21:6 [2008]). [read post]