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26 Jun 2023, 3:15 am
The deceit under Judiciary Law § 487 and fraud claims were insufficiently pleaded because they do not identify any misrepresentation made by defendants (see Bill Birds, Inc. v Stein Law Firm, P.C., 35 NY3d 173, 178 [2020]; Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]; CPLR 3016 [b]). [read post]
21 Jun 2023, 4:27 am
With respect to the Judiciary Law § 487 cause of action, the plaintiff failed to allege with specificity any material misstatements of fact made by the attorney defendants in the divorce action with the intent to deceive that court (see Bill Birds, Inc. v Stein Law Firm, P.C., 35 NY3d 173, 178; see also Looff v Lawton, 97 NY 478, 482). [read post]
9 Jun 2023, 5:24 am
In summer 2020, while walking her dog in Central Park, a white woman saw a black man who was bird-watching. [read post]
6 Jun 2023, 9:21 am
In the case of Hacala v. [read post]
5 Jun 2023, 9:17 am
. [* * *] In 2016, Google received a copy of a Miami-Dade County default judgment in MergeworthRX, Inc. v. [read post]
24 May 2023, 9:33 am
EEOC v. [read post]
18 May 2023, 8:01 am
John v. [read post]
15 May 2023, 10:30 am
These cases are Johnson v. [read post]
8 May 2023, 3:50 am
Further, except where there is deceit directed against a court, Judiciary Law § 487 “applies only to wrongful conduct by an attorney in an action that is actually pending” (Mahler v Campagna, 60 AD3d 1009, 1012-1013; see Bill Birds, Inc. v Stein Law Firm, P.C., 35 NY3d 173, 178; Meimeteas v Carter Ledyard & Milburn LLP, 105 AD3d 643, 643). [read post]
1 May 2023, 4:36 am
Not according to a recent decision from the California Appellate Courts, Crane v R. [read post]
28 Apr 2023, 12:28 pm
In Hacala v. [read post]
24 Apr 2023, 4:00 am
Palley, The Overturning of Roe v. [read post]
19 Apr 2023, 9:05 pm
., Bird and Manning Magrid’s excellent piece in the pages of this blog.) [read post]
18 Apr 2023, 11:11 am
The Court of Appeal for the district of Los Angeles overturned a judgment dismissing the action filed in Sara Hacala v. [read post]
17 Apr 2023, 5:50 am
IPSO 11161-22 Park’s of Hamilton Limited v The Scottish Sun, 1 Accuracy (2021), Breach – sanction: publication of adjudication 11822-21 Law v express.co.uk, 1 Accuracy (2021), No breach – after investigation 02114-22 Bird v thesun.co.uk, 1 Accuracy (2021), Breach – sanction: publication of correction 11120-22 Cozens-Hardy v The Daily Telegraph, 1 Accuracy (2021), Breach – sanction: publication of correction 11319-22… [read post]
12 Apr 2023, 5:16 am
The need for something like FISA was made clear as early as 1972, when the Supreme Court ruled in the famous Keith Case that electronic collection in domestic security cases fell within the Fourth Amendment’s warrant requirement as set forth in Katz v. [read post]
12 Apr 2023, 3:57 am
In Bird v DP (a pseudonym) [2023] VSCA 66 (3 April), the respondent had claimed damages for psychological injuries which, he alleged, he had sustained as a result of assaults committed by a Roman Catholic priest, Father Bryan Coffey at the home of his parents in Port Fairy, Victoria, in 1971. [read post]
7 Apr 2023, 5:11 pm
How do you measure the risk of freedom of expression v. copyright takedowns? [read post]
5 Apr 2023, 11:25 am
Flipping the proverbial bird is a God-given, Charter enshrined right that belongs to every red-blooded Canadian. [read post]
31 Mar 2023, 1:00 am
George Unsworth [2023] ECC Man 1] [Post] [Top of section] [Top] Other Re Heaton Cemetery [2023] ECC New 1 The Petitioner sought permission to have the cremated remains of his parents exhumed from a double plot in the consecrated section of Heaton Cemetery and reinterred in another plot in the same consecrated area [4]; the rationale for the application is that the plot was situated under a tree where birds regularly roosted, and the memorial over the plot had been so affected by… [read post]
