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The contract also specified that it was to be held liable under South Dakota law, and in the event of a dispute over the contract, the parties would argue their cases in South Dakota court. [read post]
19 Mar 2018, 4:42 am by admin
Luning, 133 U.S. 529, 10 S.Ct. 363, 33 L.Ed. 766 (1890) (holding that Nevada counties are not immune under the Eleventh Amendment); see also Lake Country Estates, Inc. v. [read post]
14 Mar 2018, 4:18 am by Andrew Lavoott Bluestone
 The facts must be viewed “in the light most favorable to the non-moving party” (Ortiz v Varsity Holdings, LLC, 18 NY3d 335, 339 [2011]). [read post]
1 Mar 2018, 7:06 am by John Elwood
Court of Appeals for the 9th Circuit held below, or instead merely supersedes First National City Bank v. [read post]
22 Feb 2018, 4:12 am by Edith Roberts
Finally, in Digital Realty Trust Inc. v. [read post]
19 Feb 2018, 7:57 am
Facebook is a social networking website "where people can share information about their personal lives, including posting photographs and sharing information about what they are doing or thinking" (Romano v Steelcase, Inc., 30 Misc 3d 426 [Sup Ct Suffolk County 2010]). [read post]
19 Feb 2018, 12:00 am by Public Employment Law Press
Under New York law, a "qualified privilege" or a "qualified immunity" applies only in situations involving "good faith communications by a party having an interest in a subject, or a moral or societal duty to speak, ... made to [another] party having a corresponding interest. [read post]
16 Feb 2018, 4:31 am by Andrew Lavoott Bluestone
“The two questions on this appeal are whether plaintiff City of New York (the City) is an intended third-party beneficiary of the architectural services contract between plaintiff Dormitory Authority of the State of New York (DASNY) and defendant Perkins Eastman Architects, P.C. [read post]
13 Feb 2018, 6:45 am by John Jascob
City Trading Fund was an E*Trade brokerage account that owned 10 shares of Martin Marietta Materials, Inc., prior to the company’s merger with Texas Industries, Inc. [read post]
11 Feb 2018, 7:44 pm by Anthony Gaughan
  The parties battled over the issue for 5 years. [read post]
28 Jan 2018, 12:40 pm
See, e.g., Lexington Park Realty LLC, 992 N.Y.S.2d at 1-2 (holding that the entrustment exclusion applied where plaintiff's tenant did not return cabinets and appliances after the termination of the lease agreement); see also Easy Corner, Inc. v. [read post]
18 Jan 2018, 2:27 pm by Lawrence B. Ebert
City & Cty. of SanFrancisco, 570 F.3d 1078, 1087 (9th Cir. 2009); Lamle v.Mattel, Inc., 65 F. [read post]
17 Jan 2018, 6:34 am by Joy Waltemath
It found this to be consistent with the Supreme Court’s decision in Zipes v Trans World Airlines, Inc., holding that “filing a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling. [read post]
12 Jan 2018, 8:19 am by MBettman
A holding limiting the tort to destruction of physical evidence would miss the point of the tort, as the unavailability of the evidence to the party entitled to it is what the tort is meant to protect. [read post]