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21 May 2021, 2:39 am by Andrew Lavoott Bluestone
The issue of whether plaintiff pleaded a fraud or a legal malpractice claim was necessarily decided in the 2018 action, where plaintiff had a full and fair opportunity to contest it (see Parker Madison Partners v Airbnb, Inc., 184 AD3d 544 [1st Dept 2020]). [read post]
6 Jan 2021, 3:11 am by Andrew Lavoott Bluestone
The court correctly determined that the complaint is devoid of allegations from which it could be inferred that any negligence by defendants in their handling of the family court proceeding was the “but for” causation of any damages (see Dweck Law Firm v Mann, 283 AD2d 292, 293 [1st Dept 2001]; see also Phillips-Smith Specialty Retail Group II v Parker Chapin Flattau & Klimpl, 265 AD2d 208, 210 [1st Dept 1999], lv denied 94 NY2d 759 [2000]). [read post]
7 May 2007, 3:38 pm
Circuit's March decision to strike down a handgun ban in Parker v. [read post]
3 Jul 2014, 7:41 am by Jani
The answer, at least on the outset, is not an obvious one, but was faced by the United Kingdom Court of Appeals over a decade ago.The case in question is 1-800 Flowers Inc v Phonenames Ltd, decided in the very first year of the second millennium, which dealt with the phone number "800-FLOWERS", registered in the US as a trademark in the mid 1980s by the company 800-Flowers Inc. [read post]
16 Dec 2019, 7:04 pm by Randall Hodgkinson
Willie Parker, No. 118,349 (Wyandotte)Direct appeal; First-degree premeditated murderMeryl Carver-Allmond[Affirmed; Rosen; March 13, 2020]Improper admission of involuntary statementsImproper admission of statements without voluntary Miranda warningFailure to give voluntary manslaughter instruction [read post]