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8 May 2019, 3:55 am by Andrew Lavoott Bluestone
Further, a legal malpractice claim cannot be stated if there is no attorney-client relationship between the parties (Waggoner v Caruso, 68 AD3d 1, 3 [1 51 Dept2009], affd 14 NY3d 874 [2010]). [read post]
1 Mar 2013, 9:33 am by Michael W. Huseman
[xxii]28 U.S.C. 1920(1)[xxiii]In re O’Callaghan, 304 B.R. 887, 891 (Bankr. [read post]
13 Dec 2011, 2:52 am by Andrew Lavoott Bluestone
"The court erred in finding that plaintiff failed to state a cause of action for legal [*2]malpractice as against Fogarty. [read post]
10 Feb 2014, 7:20 am by Joy Waltemath
Thus, PA 45 was invalid and unenforceable under the change-of-purpose clause of Article IV, Sec. 24 (Toth v Callaghan, February 5, 2014, Goldsmith, M). [read post]
18 Jan 2018, 10:19 am by Garrett Hinck
Harry Graver summarized the briefs and oral arguments in Dalmazzi v. [read post]
16 Feb 2011, 6:52 am by INFORRM
Nevertheless, the newspaper repeated the defamation: in an article alongside a photograph of Watters the newspaper had stated: We may have to apologise to this revolting pervert but will we mean it? [read post]
17 Dec 2008, 5:49 am
The IPKat is really disappointed that this action is being brought in the United States and not in Europe following last month's Intel v CPM ruling (see IPKat here and here), where counsel on both sides could indulge in endless argument as to the state of mind of the relevant consumer, the likelihood of confusion and the extent to which the use of the mark on the t-shirt might be expected to affect the economic activity of consumers of the claimant's rolling… [read post]
22 Jun 2011, 7:32 am by velvel
In these capacities he is an officer of the Bankruptcy Court (as has been explicitly held by the Supreme Court with regard to the position of Bankruptcy Trustee) (Callaghan v. [read post]
18 Dec 2018, 4:29 am by Andrew Lavoott Bluestone
Further, a legal malpractice claim cannot be stated if there is no attorney-client relationship between the parties (Waggoner v Caruso, 68 AD3d 1, 3 [1st Dept 2009], affd 14 NY3d 874 [2010]). [read post]
5 Jun 2009, 6:34 am
Examining Judge Sotomayor's years as a New York state prosecutor   Examining Judge Sotomayor's criminal justice record [read post]
7 Sep 2022, 2:48 am by Pete Ocel
Callaghan, Ergonomics Volume 56, 2003 Issue 1, May 12, accepted 08 OCT 2012, Published online: 12-NOV-2012 [2] Wallace v. [read post]
4 Feb 2015, 1:27 pm by Giles Peaker
The first instance CJ stated he followed Sedleigh-Denfield v O’Callaghan [1940] AC 880 and Lord Wright: The liability for a nuisance is not, at least in modern law, a strict or absolute liability…he is not liable unless he continued or adopted the nuisance, or, more accurately, did not without undue delay remedy it when he became aware of it, or with ordinary and reasonable care should have become aware of it. [read post]
22 May 2016, 4:05 pm by INFORRM
On 16 May 2016 Sir David Eady heard a PTR in the case of Bloor v Beresford. [read post]
11 Jul 2012, 2:53 am by Andrew Lavoott Bluestone
However, the malpractice claim must nevertheless be dismissed because the evidentiary materials submitted by the parties conclusively establish that defendants breached no duty to plaintiff, and that no alleged damages were caused by any act of defendants (see O'Callaghan v Brunelle, 84 AD3d 581 [2011], lv [*2]denied 18 NY3d 804 [2012]; Between The Bread Realty Corp. v Salans Hertzfeld Heilbronn Christy & Viener, 290 AD2d 380, 381 [2002], lv denied 98 NY2d 603… [read post]
13 Sep 2019, 1:37 pm by Quinta Jurecic, Benjamin Wittes
In 1920, the Supreme Court held in United States v. [read post]