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14 Apr 2023, 4:52 am by Andrew Lavoott Bluestone
” With regard to plaintiff’s account stated claim, defendant asserted, without corroboration, that she had objected to the invoices at various points, but those “self-serving, bald allegations of oral protests were insufficient to raise a triable issue of fact as to the existence of an account stated” (Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000]; accord Schlenker v Cascino, 124 AD3d at 1153). [read post]
14 Apr 2023, 1:50 am by CMS
As a matter of English law, if a state, as principal, represents that a person had authority to act on its behalf, it will be bound by the acts of that person with respect to anyone dealing with him as an agent on the faith of that representation (Attorney General of Ceylon v Silva (AD) [1953] A.C. 461). [read post]
12 Apr 2023, 7:35 am by Cyberleagle
” Take care with that social media duty of care October 2018: “[Rhodes v OPO] aptly illustrates the caution that has to be exercised in applying physical world concepts of harm, injury and safety to communication and speech, even before considering the further step of imposing a duty of care on a platform to take steps to reduce the risk of their occurrence as between third parties, or the yet further step of appointing a regulator to superintend the platform’s… [read post]
11 Apr 2023, 6:24 pm by David Kopel
" In a March 2023 order denying a motion for a preliminary injunction in Delaware State Sportsmen's Ass'n v. [read post]
11 Apr 2023, 8:44 am by Neil H. Buchanan
Buchanan One of the safest bets in recent years was that Republicans would conveniently drop the pretense that they believe in states' rights as soon as their manufactured Supreme Court super-majority handed them their long-sought repeal of Roe v. [read post]
11 Apr 2023, 5:55 am by Michael Dreeben
That both the United States and Israel are wrestling with these fundamental questions makes this an opportune time to revisit them. [read post]
11 Apr 2023, 3:48 am by Seán Binder
Texas is one of several states that have passed “Stand Your Ground” laws to ensure that deadly force used in self-defense is legally protected. [read post]
(Pregnancy, according to the judge, is a “normal physiological state” and a “natural process essential to perpetuating human life. [read post]
7 Apr 2023, 9:27 am by Eugene Volokh
New York State Rifle & Pistol Association v. [read post]
6 Apr 2023, 9:05 pm by Victoria Hawekotte
Supreme Court’s decision in West Virginia v. [read post]