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4 Mar 2024, 3:22 am by Andrew Lavoott Bluestone
“Allegations regarding an act of deceit or intent to deceive must be stated with particularity” (Bill Birds, Inc. v Stein Law Firm, P.C., 164 AD3d 635, 637 [2018], affd 35 NY3d 173 [2020]; see CPLR 3016 [b]; Palmieri v Perry, Van Etten, Rozanski & Primavera, LLP, 200 AD3d 785, 787 [2021]). [read post]
26 Feb 2024, 6:30 am by Guest Blogger
            Ed Purcell most fully (and movingly) captures this thought. [read post]
19 Jul 2023, 5:02 am by Dan Tokaji
Hansi Lo Wang has this extended NPR piece on the still-growing impact of Purcell v. [read post]
17 Jul 2023, 5:17 am by Andrew Lavoott Bluestone
” “”‘Conclusory allegations of damages or injuries predicated on speculation cannot suffice for a malpractice action, and dismissal is warranted where the allegations in the complaint are merely conclusory and speculative'” (Denisco v Uysal, 195 AD3d 989, 991, quoting Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848; see York v Frank, 209 AD3d 804, 807). [read post]
29 Jun 2023, 3:35 pm by Rick Hasen
Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading The post Rob Yablon: “Moore v. [read post]
27 Jun 2023, 9:01 pm by renholding
Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]
23 Jun 2023, 9:30 pm by Karen Tani
"  The recording of the Supreme Court Historical Society’s commemoration of Juneteenth, a “conversation on the lynching of Ed Johnson in 1906 and United States v. [read post]
6 Jan 2023, 3:56 am by Andrew Lavoott Bluestone
However, conclusory allegations of damages predicated on speculation cannot suffice for a legal malpractice action (Bua v Purcell & Jngrao, P.C., 99 AD3d 843, 847·848 [2d Dept 2012]). [read post]
16 Nov 2022, 9:32 am by John Elwood
And on Monday, the court denied review to the state of Ohio’s petition in five-time relist Shoop v. [read post]