Blogging

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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Ridiculous Hangover Cures – that Might Just Work

by YouBlawg February 27, 2016 Blogging

Most of us like a drink, but no-one loves a hangover – the headache, the feelings of lassitude and anxiety, the slight nausea that could turn nasty any second… If only we had a sure-fire cure for this most tiresome of ailments; we know why it happens – alcohol dehydrates you, depletes several vitamins and […]

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Polygraphs in the Criminal Justice System

by Allen Browning September 15, 2015 Blawg

In the criminal justice system, the prosecutor is obliged with bringing justice. That means, even though someone comes into his or her office complaining of being wronged, the prosecutor has an obligation to try to determine who is at fault and who is telling the truth about an incident. Sometimes, when an accused in a felony […]

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Legal Theft By Adverse Possession

by Allen Browning August 12, 2015 Blawg

While I handle only personal injury cases and criminal defense cases,  on occasion I am contacted by someone who is particularly irritated by a neighbor who has constructed a fence on the wrong side of the property line which separates the two; the complaining party is mad that he no longer has the use of […]

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Getting Confessions: The Reid Interrogation Technique

by Allen Browning August 11, 2015 Blawg

Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes guilty suspects can be identified from certain behavioral cues. It is said to be proven as highly effective at getting confessions; however, there has […]

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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category of products. Yo-yo, Escalator, and […]

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