Blog Posts in September, 2009
Posted on Sep 26, 2009 By Jesse Langel
Today's New York Law Journal has a tragic case that analyzed Dram Shop's bar to plaintiffs who are drunk themselves, and to derivative plaintiff's who "procured the plaintiff's ...
Continue reading "The Dram Shop Law and its restrictions against "guilty participation."" »
Posted on Sep 18, 2009 By Jesse Langel
Another case resolved in today's New York Law Journal tests the reach of the Dram Shop Law (General Obligations Law §11-100). This statute imposes liability against any person who knowingly ...
Continue reading "Dram Shop liability in New York: Control or Supervision Needed" »
Posted on Sep 15, 2009 By New York Debt Collection Defense Attorney
We are proud to announce the launch of our website and debt collection defense blog! Find our RSS feed here: /Blog/Entire-Blog-Feed/RSS.xml
Continue reading "Welcome to our debt collection defense blog!" »
Posted on Sep 10, 2009 By Jesse Langel
The relation back doctrine enables a plainitff to correct a pleading error by adding a new claim or a new party after the statutory limitations period has expired. The plaintiff must show that 1) both ...
Continue reading "Back to the Relation Back doctrine" »
Posted on Sep 9, 2009 By Jesse Langel
In the context of an insurer's duty to defend and/or indemnify, New York law holds that compliance with a notice-of-occurrence provision is a condition precedent to an insurer's liability. Two ...
Continue reading "Dancing around the notice-of-occurrence clause" »
Posted on Sep 6, 2009 By Jesse Langel
If you want to assert a charging lien in Federal court you better present itemized fee statements or invoices at your hearing or find yourself uncompensated. Keep in mind that a charging lien only ...
Continue reading "Charging lien determination -- U.S. EDNY" »
Posted on Sep 2, 2009 By Jesse Langel
Some procedural rules you're just not aware of until you get burned. CPLR 3116 is such a rule. This rule basically states that if you don't produce proof that you forwarded a deposition ...
Continue reading "Another summary judgment nightmare" »
Posted on Sep 1, 2009 By Jesse Langel
A liquidated damage provision has its basis the the principle of just compensation for loss, states a New York Supreme Court Justice in the Gunderson case cited below. This case analyzed the issue of ...
Continue reading "A word on liquidated damages" »