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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]
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]
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]
31 Oct 2022, 4:58 am by Andrew Lavoott Bluestone
In the civil context, the claim “accrues when the malpractice is committed” (Ruggiero v Powers, 284 AD2d 593, 594 [3d Dept 2001], lv dismissed 97 NY2d 638 [2001]), “not at the time that the injury is discovered” (Lavelle-Tomko v Aswad & Ingraham, 191 AD3d 1142, 1143 [3d Dept 2021]; see McCoy v Feinman, 99 NY2d 295, 301 [2002]). [read post]
28 Sep 2022, 2:06 am by Andrew Lavoott Bluestone
” “Here, because Brooks plead guilty to certain tax evasion counts, those convictions were not abated by the Second Circuit in United States v Brooks (872 F3d 78, 87-88 [2d Cir 2017)). [read post]