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All Sums Great And Small
How is loss allocated when bodily injury or property damage occurs in several successive policy periods? Can the insured choose the policy that it wishes to cover the loss, limiting itself to one deductible and forcing a single year''s primary (and excess) policy to respond?
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Selected Privilege Issues for Franchise Counsel
As recent litigation has demonstrated, the use of new communications devices with new capabilities is having an effect on how attorneys and their clients communicate, and, therefore, is raising issues in attorney-client privilege.
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What's New in the Law
An in-depth review of recent key cases and what they mean for your practice.
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Cooperatives & Condominiums
In-depth analysis of recent rulings.
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Court of Appeals Upholds Atlantic Yards Condemnation
Just a week apart, in late November and early December 2009, the Court of Appeals and then the Appellate Division, First Department, made major pronouncements on the authority of the courts to review determinations that ]property is subject to condemnation for allegedly public purposes.
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Absence of No-Fault Divorce Encourages Perjury, Judge Says
Calling New York's failure to institute no-fault divorce "inexcusable," a Manhattan judge has concluded that a husband should not be held liable for perjury for claiming he had not had sex with his wife for more than a year, during which time she gave birth.
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DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture
Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with <i>Lola Cars International Limited v. Krohn Racing, LLC, et al.</i> in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),
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A Daubert Checklist
Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
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Confronting the Forensic Facts
A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, <i>Crawford v. Washington</i> and <i>Melendez-Diaz v. Massachusetts</i>, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government
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