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Just because a document is labeled a lease may not make it so under commercial law. One of the more heavily contested issues under the Uniform Commercial Code is whether an agreement transferring use and possession of personal property from one party to another is actually a lease as opposed to a sale subject to a security agreement.
In <i>Paul Green School of Rock v. Smith</i>, the Third U.S. Circuit Court of Appeals decided a franchise-related case on Aug. 2 that addressed judicial review of arbitration awards.
Features
Attorneys throughout New York State regularly utilize informal mathematical formulas to determine maintenance payments. Individual attorneys, judges and various regions apply different formulas, several formulas or, worse yet, no formula at all.
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Wolf Block and a number of former partners are seeking a stay of a legal malpractice lawsuit brought against them by car dealership owner Alan Potamkin over the firm's drafting of a prenuptial agreement.
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Two important decisions of the Ontario Court of Appeal involving class action franchise disputes were released this summer.
This article explores some of the issues of a divorcing family with a special-needs child so that appropriate custodial arrangements and financial resolutions can be fully and appropriately addressed in the divorce process.
This article highlights three recent court decisions rejecting plaintiff's efforts at establishing specific causation as a matter of law. These decisions confirm that speculative specific causation evidence is inadmissible.
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What happens if, after you file that long-anticipated <i>Daubert/Kumho</i> motion, plaintiff's counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?
Features
A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
