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25 Jul 2018, 7:06 am by CECILY WHITE
No duty of care owed by employer to employees in the conduct of civil litigation The Supreme Court has held in James-Bowen & Ors v Commissioner of Police of the Metropolis [2018] UKSC 40 that the Commissioner owed no duty to protect the economic and reputational interests of officers whose alleged misconduct formed the subject of a civil claim, which the Commissioner had settled. [read post]
24 Sep 2008, 6:12 pm
  “This Court has never resorted to its independent judgment alone to void a punishment under the Eighth Amendment,” the state’s lawyers said in a supplemental brief filed in Kennedy v. [read post]
16 Sep 2024, 2:43 am by Andrew Lavoott Bluestone
” “It is well established that “[t]o state a cause of action for legal malpractice arising from negligent representation in a criminal proceeding, [a] plaintiff must allege [the additional element of] his innocence or a colorable claim of innocence of the underlying offense” (Carmel v Lunney, 70 NY2d 169, 171 [1987]; see Britt v Legal Aid Soc., Inc., 95 NY2d 443, 445 [2000]; Shields v Carbone, 78 AD3d 1440, 1443 [3d Dept… [read post]
12 Jun 2012, 6:19 pm by Wells Bennett
  And what better way to top things off, than with a quick update in United States v. [read post]
5 Aug 2010, 2:25 pm by B.W. Barnett
  As I'm getting settled back into my blogging routine, here are a couple of cases from July that you might find helpful or informative (or perhaps neither). 11 Angry Men In Willis v. [read post]
18 Nov 2010, 12:37 pm by Bexis
Steinman, Federal Practice and Procedure §3738 (4th ed. 2009) (noting settled rule that removed actions “will be governed by the Federal Rules of Civil Procedure and all other provisions of federal law relating to procedural matters”).Smith v. [read post]
8 Sep 2011, 10:00 am by Tom Casagrande
I thought it was settled that lack of BFI to use on some specific goods didn’t sink the other goods listed, but maybe it’s not settled after all.The decision is Spirits Int’l, B.V. v. [read post]
13 Aug 2014, 1:26 pm
 The Monomeles Protodikeio: an insider's viewLast December the IPKat reported on Case C-535/13 Honda Giken Kogyo Kabushiki Kaisha v Maria Patmanidi SA, a request by a Greek court, the Monomeles Protodikeio Athinon, for a preliminary ruling from the Court of Justice of the European Union (CJEU). [read post]
26 Aug 2009, 11:49 am by John McKiggan
The Supreme Court of Nova Scotia recently released the decision of the Estate of Theresa Anne Jollimore v. [read post]
14 Mar 2008, 6:00 am
According to the opinion, "it appears settled that 'Absent a duty to disclose, the failure to do so does not support a claim under the fraudulent prong of the UCL.' (Berryman v. [read post]