Search for: "Bartlett v. Duty" Results 81 - 100 of 194
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21 Mar 2013, 3:04 pm by Bexis
  Preemption and duty are simply just two different concepts altogether. [read post]
23 Dec 2013, 5:16 am
  Uniquely, the Trilogy let design defect claims slide after Bartlett – including a gratuitous footnote about innovator drugs. [read post]
5 May 2017, 6:14 am
Stout, Cornell Law School, on Thursday, May 4, 2017 Tags: Accountability, Citizens United v. [read post]
8 May 2017, 5:00 am by The Public Employment Law Press
"** Citing Marro v Bartlett, 46 NY2d 674, the Court of Appeals noted that "[p]rovided it complies with the two criteria set forth in the Constitution, and absent proof that its determination violates statutory prescriptions or promotes a constitutionally impermissible purpose, the Board's authority is not subject to judicial review. [read post]
2 Jun 2011, 2:36 am by Andrew Lavoott Bluestone
However, even if a plaintiff establishes the first prong, the plaintiff must still demonstrate that he or she would have succeeded on the merits of the action but for the attorney's negligence (see Hamoudeh v Mandel, 62 AD3d 948, 949; McCluskey v Gabor & Gabor, 61 AD3d 646, 648; Peak v Bartlett, Pontiff, Stewart & Rhodes, P.C., 28 AD3d 1028, 1030-31; see also Brodeur v Hayes, 18 AD3d 979; Raphael v Clune, White & Nelson, 201 AD2d… [read post]
22 Feb 2012, 4:29 pm by GPL
(Ellington, C.J. and Miller, J. concurring)Bartlett v. [read post]
6 Nov 2015, 9:02 am
  Because that involves an FDA-imposed duty, it is easy to conclude that it looks a lot like a disguised form of FDCA enforcement barred by Buckman Co. v. [read post]
31 May 2010, 9:59 pm by Daniel Solove
(forthcoming 2010) (solicited piece) * Four Funerals and a Wedding: Federal Preemption of Fiduciary Duty Liability, (forthcoming 2010) [read post]