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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
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
Last month in Gilbane Bldg. Co. v. St. Paul Ins. Co.. Index No.: 653199/11, the First Department held that an insurance provider is not required to provide coverage to an “additional insured” who has not entered into a written contract with the insured. The crux of the decision was the
The Queen’s speech is taking place on Wednesday 18th May and could contain some highly controversial proposals. David Cameron has been warned not to bring up too many controversial plans by former health secretary Lord Lansley, whose opinion is supported by a leading thinktank. But will the Prime Minister heed
Yellowstone National Park is a beautiful nature preserve that is protected by the government to maintain the wilderness. The park actually spans four states: Utah, Montana, Wyoming, and Idaho. Unfortunately, the jurisdiction of the park is murky and difficult to parse out for the legal matters that arise in the
One of the most commonly misunderstood areas of the law is that which pertains to parking. Two recent news stories have drawn attention to parking and the law, both raising important misconceptions about the law in the public eye. Are parking fines enforceable? Can you challenge a parking fine? Who
Last week, cybersecurity experts and national media called on parents to boycott – or at least be extremely cautious of – Vtech’s electronic toys, in the wake of their newly released terms and conditions of use. Following the widely reported hacking scandal that took place in November last year, VTech
Nursing home abuse and neglect cases are common and, unfortunately, these are serious issues people throughout the country have to deal with daily. In fact, the Long-Term Care Ombudsman program has reported that 10 percent of its complaints nationwide involve allegations of gross neglect, and about 27 percent involve concerns
As from 1 October 2015 the Insolvency Act 1986 (Amendment) Order 2015 (SI 2015/922 has amended Section 267(4) of the Insolvency Act 1986 such as to increase the bankruptcy level for a creditor’s bankruptcy petition from £750 to £5,000. Accordingly, for undisputed debts less than £5,000 a Statutory Demand will no longer be available
Interview with: Allan Diamond, Managing Partner, Diamond McCarthy LLP “Chief Litigation Officers (CLOs) should not limit themselves to traditional methods of protecting their companies’ brand and should think creatively in terms of implementing a global strategy that will result in keeping their authorized supply channel partners happy, minimizing lost sales/profits, and
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