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17 Jan 2024, 5:04 am by Guest Author
”  How then is it possible that the Department of Commerce in these cases received Chevron deference given that the modern caselaw on Chevron—in particular, United States v. [read post]
10 Jan 2024, 6:32 am by Andrew Lavoott Bluestone
A plaintiff seeking to recover damages for legal malpractice must prove 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 McCoy v Feinman, 99 NY2d 295, 301-302). [read post]
28 Nov 2023, 4:58 am by Beatrice Yahia
Frank Thorp V and Megan Lebowitz report for NBC News. [read post]
13 Nov 2023, 8:07 am by Unreported Opinions
Criminal procedure — Plain error review — Failure to preserve Convicted by a jury in the Circuit Court for Baltimore City of first-degree assault and related offenses, Niaja McCoy, appellant, contends that the court erred in “permitt[ing] the State to” play recordings during which she “invoked her right to counsel” and indicated that she “was […] The post NIAJA McCOY v. [read post]
10 Nov 2023, 3:00 am by Jim Sedor
McCoy said Freeman’s clients could seek an exemption. [read post]
20 Sep 2023, 5:29 am by Andrew Lavoott Bluestone
The complaint alleges that Singer and his firm breached their duty towards their client David by failing to exercise the ordinary reasonable skill and knowledge commonly possessed by attorneys, causing plaintiff to lose his case and/or to incur damages (see McCoy v Feinman, 99 NY2d 295, 301-302 [2002]). [read post]
18 Sep 2023, 4:41 am by Andrew Lavoott Bluestone
The proposed amendment failed to sufficiently allege that “but for” the defendants’ alleged negligence, the plaintiffs “would not have incurred any damages” (Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442; see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d 40, 49-50; McCoy v Feinman, 99 NY2d 295, 301-302). [read post]
12 Jun 2023, 3:53 am by Andrew Lavoott Bluestone
Servs., LLC v Rubin, Fiorella & Friedman, LLP, 188 AD3d 530, 531 [1st Dept 2020], quoting McCoy, 99 NY2d at 301, citing King Tower Realty Corp. v G & G Funding Corp., 163 AD3d 541 [2d Dept 2018]). [read post]
15 May 2023, 4:13 pm by Adam Levitin
This fall the Supreme Court will be hear a case captioned Community Financial Services of America v. [read post]
30 Mar 2023, 2:31 pm by Seyfarth Shaw LLP
By Ryan McCoy, Alex Simon, and Cary Burke Seyfarth Synopsis: Recently, the U.S. [read post]
22 Mar 2023, 5:25 am by Andrew Lavoott Bluestone
“Accrual is measured from the commission of the alleged malpractice, when all facts necessary to the cause of action have occurred and the aggrieved party can obtain relief in court” (Farage v Ehrenberg, 124 AD3d 159, 164; see McCoy v Feinman, 99 NY2d 295, 301). [read post]