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19 Feb 2022, 3:26 pm by Josh Blackman
It's a main reason we have panels of three, allowing for honest differences on matters large and small. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
  The 9th Circuit in Bosley v. [read post]
16 Feb 2022, 4:59 am by Andrew Lavoott Bluestone
As a preliminary matter, the motion court properly considered plaintiffs’ theory of lost-time damages because, although the theory was not pleaded in the complaint, it was the subject of discovery, and defendant cannot reasonably claim that it did not have notice of or was surprised by it (see Mitchell v 423 W. 55th St., 187 AD3d 661, 662 [1st Dept 2020]; Penner v Hoffberg Oberfest Burger & Berger, 44 AD3d 554, 555 [1st Dept 2007]). [read post]