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17 Oct 2017, 4:01 am by Andrew Lavoott Bluestone
The fact that another person may have taken advantage of the defendant’s allegedly deficient performance to cause damages to the plaintiff did not, under the circumstances of this case, establish, prima facie, that the defendant’s alleged deficiencies were not also a proximate cause of her damages (see Overseas Shipholding Group, Inc. v Proskauer Rose, LLP, 130 AD3d 415, 415 [2015]; Utica Cutlery Co. v Hiscock & Barclay, LLP, 109 AD3d 1161, 1162… [read post]
16 Oct 2017, 10:12 am by Garrett Hinck
The justices agreed to consider the Justice Department’s appeal in U.S. v. [read post]
12 Oct 2017, 4:29 am by Andrew Lavoott Bluestone
A legal malpractice claim accrues when the alleged injury to the client occurs, such as when the trust agreement was funded, regardless of the client’s awareness of the malpractice (Johnson v Proskauer Rose LLP, 129 AD3d 59, 67 [Pt Dept 2015]; Pace v Raisman & Assoc. [read post]
7 Oct 2017, 8:14 pm by Patent Docs
Gina Shishima and Tom Owens of Norton Rose Fulbright and Miri Beiler of LexisNexis will discuss the following: • How the PTAB has interpreted the estoppel provision • Federal court cases interpreting the estoppel provision • The potential impact of the Supreme Court's coming decision in SAS Institute Inc. v. [read post]
4 Oct 2017, 4:38 am by Andrew Lavoott Bluestone
“Nevertheless, plaintiff’s motion for partial summary judgment on the account stated claim cannot be granted as to the other amounts billed, because plaintiff has not demonstrated entitlement to dismissal of defendant’s legal malpractice counterclaims, which are sufficiently intertwined with the account stated claim so as to provide a bona fide defense (see Emery Celli Brinckerhoff & Abady, LLP v Rose, 111 AD3d 453, 454 [1st Dept 2013], lv denied 23… [read post]
3 Oct 2017, 11:06 am by Derek T. Muller
Here are a few quick running thoughts from today's oral argument in Gill v. [read post]
1 Oct 2017, 10:35 am
Here, read what Linda Greenhouse wrote in the NYT about Santa Fe Independent School District v. [read post]
29 Sep 2017, 9:28 am by Victoria Kwan
While in her hometown of New York, Ginsburg – who is far less cautious than Breyer when it comes to public comments – sat for a candid conversation with Charlie Rose at the 92nd Street Y, where she stated that she had “no doubt” sexism had been a “major factor” in the 2016 presidential campaign. [read post]
26 Sep 2017, 6:41 am by Dan Carvajal
Key Findings The Ohio Commercial Activity Tax, a 0.26 percent tax on business gross receipts above $1 million, is a throwback to an earlier era of taxation, bringing back a tax type that had been in steady retreat for nearly a century. [read post]
21 Sep 2017, 6:36 am by Joy Waltemath
Hired by the FAA in 1988, the employee rose steadily through the ranks for almost two decades, becoming a traffic management officer in 2010. [read post]
13 Sep 2017, 11:29 am by Jason Rantanen
” After all, a rose by any other name still smells as sweet. [read post]