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4 Jan 2012, 12:13 am by Andrew Lavoott Bluestone
New York courts have consistently held that a breach of fiduciary duty claim that is premised on the same facts as the legal malpractice cause of action, is redundant and should be dismissed (E.g., Murray Hill Investments, Inc. v. [read post]
13 Mar 2008, 1:13 am
BurkeNEW YORK COUNTYInsurance LawInsurer's Verification Demand Must Be Timely; Insurer Fails to Prove Prima Facie CaseLenox Hill Radiology MIA PC v. [read post]
9 Nov 2009, 1:33 am
District Court for the Southern District of New York granted in part, and denied in part, the defendants motion to dismiss in Abu Dhabi Commercial Bank et al v. [read post]
18 Jan 2012, 12:01 am by John Diekman
Practice point: The New York State Human Rights Law does not immunize disabled employees from discipline or discharge for misconduct in the workplace.Student note: EEOC Guideline No. 30 specifically provides that an employer may discipline an individual with a disability for violating a workplace conduct standard which is job-related and consistent with business necessity.Case: Hazen v. [read post]
4 Mar 2015, 3:03 pm by Andrew Hamm
Other early coverage of the arguments comes from Pete Williams and Erik Ortiz at NBC News, Chris Geidner of BuzzFeed, Ariane de Vogue of CNN, Sarah Ferris of The Hill, Sam Baker of National Journal, Adam Liptak of The New York Times, Lawrence Hurley of Reuters, Richard Wolf and Brad Heath of USA Today (plus additional commentary by Richard here), Brent Kendall and Jess Bravin of The Wall Street Journal, Robert Barnes of The Washington Post, Greg Stohr of… [read post]
26 Oct 2010, 7:45 pm by Daniel E. Cummins
The plaintiff was further ordered not to delete or alter any of the information on the accounts in the meantime.It is noted, parenthetically, that a recent decision with the same result in favor of production of information in discovery was handed down in the Suffolk County, New York trial court level case of Romano v. [read post]
26 Jun 2015, 1:30 pm by Andrew Hamm
Other early coverage of the decision comes from Daniel Fisher at Forbes, Pete Williams and Halimah Abdullah at NBC News, Lydia Wheeler and Ben Kamisar at The Hill, Ariane de Vogue and Jeremy Diamond at CNN, Adam Liptak at The New York Times, Lawrence Hurley at Reuters, Brad Heath at USA Today, Jess Bravin and Brent Kendall at The Wall Street Journal, Robert Barnes at The Washington Post, David G. [read post]
25 Sep 2019, 4:25 am by Andrew Lavoott Bluestone
-New York has long recognized tort liability for architectural malpractice (see e.g. 530 E 59 Corp. v. [read post]
24 Jun 2018, 2:30 pm by David Lat
[UJA Federation of New York] [read post]
7 Feb 2014, 2:14 pm
The New York State courts have departed from the second prong of Strictland, adopting a rule somewhat more favorable to defendants as in People v Turner. [read post]
17 Feb 2019, 2:30 pm by David Lat
[New York Law Journal] * If you're looking for an interesting new podcast (besides Wondery's exploration of the Dan Markel case), consider Bound by Oath from the Institute for Justice (Eugene Volokh is a fan). [read post]
12 Jun 2014, 8:21 pm by Patricia Salkin
Corp. v Cozen O’Connor P.C. 987 NYS2d 146 (NYAD 1 Dept. 6/12/2014) The opinion can be accessed at: http://law.justia.com/cases/new-york/appellate-division-first-department/2014/12747-154292-12.htmlFiled under: Current Caselaw - New York, Ethics [read post]
3 Mar 2010, 12:43 am
Renewal NEW YORK COUNTYLandlord/Tenant LawLandlord's Refusal to Consent To Sublet Found Unreasonable 140 East 46th Street LLC v. [read post]
29 Jul 2015, 6:48 am
Dumay, 23 NY3d 518 (Court of Appeals of New York 2014); People v. [read post]
5 Dec 2022, 1:04 am by Steve Lubet
BY STEVEN LUBET, OPINION CONTRIBUTOR - 11/30/22 8:00 AM ET It looks as though there will be no end to the fallout from Supreme Court Justice Clarence Thomas’s majority opinion in New York State Rifle & Pistol Association v. [read post]