Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Decisions of Interest
Town Not Liable for Husband's Shooting Attack
The Supreme Court properly granted that part of defendant municipality's motion seeking dismissal of a cause of action alleging the breach of a special duty to protect plaintiff, as plaintiff failed adequately to address the elements of a “special relationship” that could have exposed the municipality to liability. Halpin v. Town of Lancaster, 2005 NY Slip Op 9815 (4th Dept. 12/22/05).
A woman, individually and on behalf of her two children, brought suit seeking damages against the town of Lancaster after she was shot by her husband just before he committed suicide with the same weapon. The plaintiff and her husband were still living together at the time of the incident, but they were in the process of divorce. When police officers responded to plaintiff's telephone call complaining of a domestic dispute, she told the officers that there were weapons in the house and that she wanted the officers to remove them. According to plaintiff, the officers instead “ordered” plaintiff and her husband to remove the weapons and take them to relatives' homes for safekeeping. After the officers left, plaintiff's husband shot and injured her, then shot and killed himself.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.