Search for: "Darby v. State" Results 141 - 160 of 166
Sort by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
20 May 2010, 3:43 pm by Big Tent Democrat
Darby, 312 U.S. 100, 119 -121 (1941); United States [ UNITED STATES v. [read post]
24 Mar 2010, 3:41 am by Andrew Lavoott Bluestone
  Here, in Sklover & Donath, LLC v Eber-Schmid ; 2010 NY Slip Op 02002 Decided on March 16, 2010 ; Appellate Division, First Department  the justices borrow from an unidentified law review article to state that hindsight is "an unreliable test for determining the past existence of legal malpractice" (Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000] [law review source omitted]). [read post]
19 Jun 2009, 4:23 am
The court dismissed the legal malpractice complaint, pursuant to CPLR 3211(a)(1), based on documentary evidence from which it concluded that the state of the law at the time the advice was given was unsettled and defendants therefore had not " failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession'" at that time (quoting Darby & Darby v VSI Intl., 95 NY2d 308, 313… [read post]
7 Apr 2009, 4:30 am
A client's "self-serving, bald allegations of oral protests [a]re 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]) The part of defendants' malpractice counterclaim that dealt with the action against Edward Roski III was properly dismissed. [read post]
14 Nov 2008, 12:00 am
Darby Lumber, Inc. (9th Cir. 2004) 357 F.3d 1000. [read post]
2 Oct 2008, 2:05 pm
  At any rate, Treasury might want to use its broad powers to set up a mandatory administrative appeals process, which, under Darby v. [read post]
20 May 2008, 5:24 am
The supermajority requirements of Article V were daunting when one looked at the political situation state by state. [read post]
11 Mar 2008, 7:58 am
  As a matter of constitutional interpretation, Hoke v U.S., 227 U.S. 308 (1913) seemed to suggest that Congress had the power to block movement of people across state lines for any purpose whatsoever. [read post]
16 Aug 2007, 1:56 pm
Why go on and on about Lawrence v. [read post]
4 Jun 2007, 6:55 am
Progressives in the first third of the 20th century often emphasized federalism when they wished to resist federal judicial power to strike down state statutes (Brandeis' dissent in New State Ice Company v. [read post]
1 Jun 2007, 3:09 am
Instead, it is simply what might be described as an "end state" of the earlier moment produced by the New Deal and, more particularly, the Court's unanimously upholding a de-facto national police power in Darby under the rubric of the Commerce Clause.To be sure, the '60s did include some movement toward Section 5, particularly in Katzenbach v. [read post]