Hacking Privileged Communications Warrants Striking Answer

by ASchlossberg December 1, 2017 Blawg

The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole privileged and confidential e-mails.”  Plaintiffs alleged that their Chairman and Managing Director discovered that all of the emails in his account had been forwarded […]

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Insurance Coverage Can Not be Created by Untimely Disclaimer

by ASchlossberg November 2, 2017 Blawg

In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff moved for summary judgment.  Defendants opposed the motion by asserting that plaintiff failed to timely disclaim coverage for the accident.  At the time of the […]

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Labor Law Claims Dismissed Based On Proximate Cause

by ASchlossberg October 20, 2017 Blawg

The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell from a scaffold while working on a construction site.  Plaintiff asserted a cause of action for common law negligence and a number of labor […]

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Defendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply with Discovery Demands

by ASchlossberg September 5, 2017 Blawg

As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable demands to produce records and information that are necessary and relevant to the action.  Indeed the frequent reluctance of judges to punish parties for […]

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To Partner or Not to Partner

by ASchlossberg July 20, 2017 Blawg

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there was no written agreement, the court was compelled to consider extraneous factors — the parties’ intent, whether there was joint control and management […]

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The Job Of A Criminal Defense Lawyer: Beyond What Hollywood Shows

by Five Fantastic Lawyers™ January 16, 2014 Criminal Law

For many people, the role of a criminal defense lawyer is the stuff of Hollywood. Shows like Law and Order or CSI and movies like The Devil’s Advocate love to portray defense lawyers as being unscrupulous, able to find loopholes at the last minute to free their client or having a vendetta against the prosecution. […]

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A Survivor’s Guide: Compensation for Pain, Suffering, and Emotional Stress

by Five Fantastic Lawyers™ July 10, 2013 Law

There are many unfortunate situations where a person is the victim of someone else’s negligence, and thus must make a personal injury claim in order to receive appropriate compensation. Often the incidents involve car accidents, dangerous worksites, defective products, or dangerous conditions on another’s property.  Many people assume that the only compensation they can receive […]

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A Narration about Types of Lawyers

by Lilly May 24, 2013 Law

In order to maintain rules and regulations in the country, the government of the country designs a set of orders which are basically needed to follow by all the citizens of the country which helps to maintain peace and justice in the country. That written rules by the government is called as law and order. […]

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Don’t Get Divorced Without Representation

by Scott Morgan January 30, 2013 Divorce

When people learn that their spouse wants a divorce they often will choose not to get their own lawyer. This is often true even after they have been served with a formal court papers. For some this decision is because they feel guilty about their conduct during the marriage, for others it is out of […]

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Reckless Driving Accidents

by clarklawoffice November 10, 2012 Accident Claims

Have you suffered Injuries as a Result of Another Driver’s Reckless Driving? (US law and generally) Auto accidents result in serious injury and sometimes even death if the accident is particularly bad. In most cases, the accident could have easily been avoided if both drivers were paying more attention and driving defensively.  While not all […]

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