It's understood that the "discovery wars" have long been far more than litigation maneuvering by both sides in a case. Even without intention, the volume and complexity of electronically stored information pertinent to litigation results in cost burdens that affect substantive decisions in a case.
Hospital Remains in Suit After Court Finds Ostensible Agency
NY Appeals Court Finds Physicians May Opine As to Proximate Cause in Cases Involving Claims Outside Own Specialty
A television station's report that two stores in the D'Lites chain of dietary ice cream franchises were mislabeling their "small" portions as low calorie and low carb was "substantially true," and a defamation claim by a franchise owner was properly dismissed, a Manhattan appeals court said on March 15.
It is a fact pattern common to asbestos-related lawsuits: A plaintiff recalls generally working around different products that may or may not have contained asbestos, but cannot pinpoint specific time periods or locations where those products were present and could have exposed the plaintiff to asbestos. Typically, the alleged exposure occurred three or more decades ago, with no potential corroborating documents or witnesses surviving to the present date. This scenario places defendants in the untenable position of defending a claim without access to any information on the products, or the alleged exposure, that will either confirm or deny that the identified products were both present in the plaintiff's workplace and actually contained asbestos.
A number of conflicting decisions over the past year and a half concerning whether provisions prohibiting waiver of duties or liabilities under the New York Franchise Act prohibit franchisors from interposing franchisee "non-reliance" franchise agreement disclaimers when confronting fraud actions brought under the Act makes clear that this critical area of law will remain muddied until the courts decisively rule on the subject.
Deactivated Facebook Page of Band Not a "Use in Commerce"
New York Federal Court Declines Request From Elvis Presley Enterprises To Obtain Royalty Documents From Sony Music for Litigation Against Arista Music in Germany
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
Just because it's on "Page Six" of the New York Post doesn't mean it cannot be defamatory, according to the U.S. Court of Appeals for the Eleventh Circuit. The appellate court revived a defamation lawsuit by a member of The Fugees hip-hop group against the Post for an item in its "Page Six" gossip column, finding reasonable readers might take the story as true.
The Consumer Financial Protection Bureau (CFPB) has fired a shot across the bow of the burgeoning online-payment industry, taking an enforcement action this week that marked the agency's first foray into regulating cybersecurity.
