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5 Nov 2010, 8:53 am
Each week at Wise Law Blog, we review decisions from the Ontario Court of Appeal.R. v. [read post]
12 Aug 2010, 4:00 am
Read the decision at: Sauer v. [read post]
23 Jul 2010, 2:51 am
In order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442). [read post]
16 Jul 2010, 3:34 am
In order to prevail in an action to recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442). [read post]
18 Jun 2010, 9:43 pm
The panel will address the recent decision in Association for Molecular Pathology v. [read post]
9 May 2010, 11:54 am
Dardi, J. applied the principle in Glover v. [read post]
30 Apr 2010, 3:34 am
An attorney is liable in a malpractice action if the plaintiff can prove that the attorney failed to exercise the skill commonly exercised by an ordinary member of the legal community and that such negligence was the proximate cause of damages (see Rudolph v Shayne, Dachs, Stanisci, Corten & Sauer, 8 NY3d 438, 442; Barnett v Schwartz, 47 AD3d 197, 203; Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC v Comprehensive Mental Assessment… [read post]
29 Apr 2010, 1:52 am
[See, e.g., Rudolf v. [read post]
13 Apr 2010, 7:26 am
Sauer and Laurie B. [read post]
10 Feb 2010, 9:59 pm
Patent and Trademark Office and Myriad Genetics, among others, in Association for Molecular Pathology v. [read post]
7 Feb 2010, 10:35 am
” Ellis v. [read post]
4 Feb 2010, 9:25 am
Sauer v. [read post]
27 Jan 2010, 3:09 am
Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 (2007), quoting McCoy v. [read post]
26 Jan 2010, 3:22 am
Compensatory damages are generally awarded where a plaintiff can demonstrate that he or she suffered any actual damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 31 AD3d 418, 818 NYS2d 153 [2d Dept 2006]). [read post]
20 Dec 2009, 3:02 pm
In this week’s case (Sauer v. [read post]
6 Oct 2009, 4:22 am
Accordingly, the Supreme Court should have granted the appellant's motion to dismiss the complaint insofar as asserted against it (see Wald v Berwitz, 62 AD3d 786; Riback v Margulis, 43 AD3d 1023; Hartman v Morganstern, 28 AD3d at 424). [read post]
15 Sep 2009, 8:44 pm
In today’s case (Sauer v. [read post]
14 Sep 2009, 4:35 am
Leder v Spiegel, 9 NY3d 836 [2007]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438 [2007]; AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428 [2007]; Davis v Klein, 88 NY2d 1008 [1996]; Carmel v Lunney, 70 NY2d 169 [1987]). [read post]
11 Sep 2009, 4:14 am
Although the Star-Tribune is more optimistic about its latest venture, subscribers to the print edition, who pay more than $200 annually, may not be pleased about being asked to pony up so they can read online content about the "V-I-K-I-N-G-S, Skol Vikings, let's go! [read post]
2 Sep 2009, 6:35 am
Back on August 19th, I posted about the Baldwin v. [read post]
