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Dec 15, 2011

Fourth Department — Domestic Animal Owner’s Liability: Tennant v. Tabor

Appellate Division, Fourth Department Domestic Animal Owner’s Liability Standard Tennant v. Tabor CA 11-01109 Appealed from Supreme Court, Herkimer County Background: The plaintiff sought damages for injuries he sustained when his vehicle collided with a horse owned by the defendants. The defendants appealed the denial of their motion for summary judgment. Ruling: The Appellate Division [&hellip[...]

Dec 13, 2011

Fourth Department — Violating a Prior Order of Custody: Oravec v. Oravec

Appellate Division, Fourth Department Violating a Prior Order of Custody Standard Oravec v. Oravec CAF 10-01236 Appealed from Family Court, Niagara County Background: The petitioner-respondent mother appealed the family court’s decision to dismiss her petition alleging that the father had violated a prior order of custody. The mother also appealed the dismissal of her petition seeking […[...]

Dec 8, 2011

Fourth Department — Defamation: Gordon v. LIN TV Corporation, et al.

Appellate Division, Fourth Department Defamation News Broadcast — Standard Gordon v. LIN TV Corporation, et al. CA 11-00456 Appealed from Supreme Court, Erie County Background: The plaintiff appealed from an order dismissing his defamation action. The plaintiff had been misidentified as the president of a bankrupt investment fund during an evening news broadcast on a […]

Nov 10, 2011

Fourth Department — Setting Aside a Verdict: Todd v. PLSIII LLC, et al.

Appellate Division, Fourth Department Setting Aside a Verdict Standard Todd v. PLSIII LLC, et al. CA 11-00712 Appealed from Supreme Court, Niagara County Background: The plaintiff, Todd, was a passenger in a vehicle driven by Hasley, a defendant and plaintiff. The vehicle driven by Hasley was in an accident with a vehicle owned by PLSIII. […]

Sep 15, 2011

Reed v. Aqueon Products et al.

U.S. District Court, WDNY Late Summons Standard Reed v. Aqueon Products et al. 11-cv-6027 Judge Telesca Background: The plaintiffs brought suit against the defendants for negligence, product liability and breach of warranty based on a fire that occurred in the plaintiff’s home. The plaintiffs allege that the fire was caused by a product manufactured and […]

Sep 9, 2011

NXIVM Corporation v. Doyes

U.S. District Court, WDNY Sealing Court Records Standard NXIVM Corporation v. Doyes 11-MC-6009L Judge Larimer Background: The plaintiff sought to compel the deposition of a nonparty witness. The witness responded by filing a motion to quash the subpoena served upon her by the plaintiff corporation. The court ordered the deposition to be taken, but the […]

Jun 20, 2011

Intoxication Jury Charge: People v. Sirico

New York State Court of Appeals Intoxication Jury Charge Standard People v. Sirico No. 116 Memorandum Background: After the defendant, a skilled archery hunter, fired his bow toward his neighbor’s yard and fatally struck the victim, he was convicted of second-degree murder. On appeal the defendant principally contends that he was entitled to an intoxication […]

Jan 20, 2011

New standard set for damages in patent cases

A rule that lawyers and judges in New York and beyond have been using to determine damages in patent infringement cases has been abolished by the Federal Circuit Court.

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