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4 May 2022, 4:22 am by Andrew Lavoott Bluestone
Accordingly, the Supreme Court properly granted that branch of the DiPreta defendants’ motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging violation of Judiciary Law § 487 insofar as asserted against them by Charles (see Smallwood v Lupoli, 107 AD3d 782, 784; Crown Assoc., Inc. v Zot, LLC, 83 AD3d 765, 768; Oakes v Muka, 56 AD3d at 1058). [read post]
4 Jun 2019, 4:17 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112 [2016]; Wiggins… [read post]
28 Aug 2019, 4:44 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112 [2016]; Wiggins… [read post]
5 Sep 2016, 1:10 pm
A closer look at Hospira v Cubist and daptomycin micellesIPKat returns to the Hospira v Cubist case to look in more detail at the claim relating to purifying daptomycin by altering by PH.* My My Mylan: The Trademark Silver Lining for Mylan's EPIPENMylan has recently come under fire for raising the price of the EPIPEN. [read post]
11 Jul 2016, 12:32 pm
Nick Smallwood brings us this case.PREVIOUSLY ON NEVER TOO LATENever too late 103 [week ending on Sunday 3 July] Publicity Rights v First Amendment | EU Trade marks Article 28 Declarations | Non-EU UK in the UPC? [read post]
21 Dec 2010, 6:04 am by Matt Conigliaro
SMALLWOOD, 826 SO. 2D 221 (FLA. 2002), INCLUDE RECKLESS MISCONDUCT WHICH RESULTS IN THE UNNECESSARY INCURRENCE OF ATTORNEYS’ FEES? [read post]
31 Jan 2019, 4:17 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772; see Dorce v Gluck, 140 AD3d 1111, 1112; Wiggins & Kopko,… [read post]
1 Jul 2021, 12:18 pm by Christiana Wayne
The Supreme Court upheld Arizona voting restrictions in Brnovich v. [read post]
22 Jan 2016, 2:30 am
Seven letters; begins with a B end with a D and is not Brevard county.)Blog contributor The Professor believes we are wrong, to wit:The Professor said...He is authorized to ban the usage under Rule 2.451 Florida Rules of Judicial Administration, which states:"(1) The use of electronic devices in a courtroom is subject at all times to the authority of the presiding judge or quasi-judicial officer to:(A) control the conduct of proceedings before the court;(B) ensure decorum and prevent… [read post]
13 Jun 2016, 12:49 pm
* Tuesday TiddlywinksNick Smallwood brings you pirate [no, not that kind] Blackbeard's image rights and.. infringement by cake? [read post]