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June 03, 2010 | New York Law Journal

Effects of 'Trupia' in Applying Assumption of Risk Doctrine

Emina Poricanin, an appellate court attorney for the Fourth Department, writes: The most obvious effect of the Court of Appeals' decision in Trupia is that the courts will be confined in using the doctrine of primary assumption of risk to athletic and recreational activities, leaving injuries in other contexts open to comparative fault analysis and preventing dismissal of such cases. Clearly, Trupia will have a pro-plaintiff effect.
7 minute read
October 27, 2005 | New York Law Journal

Newsbriefs

5 minute read
November 06, 2007 | New York Law Journal

Circuit Upholds Attorney Ouster In Bankruptcy

9 minute read
October 28, 2010 | New York Law Journal

Case Law: Anti-Waiver Provision, Failure to Register, Vicarious Liability

In his Franchising column, David J. Kaufmann, senior partner at Kaufmann Gildin Robbins & Oppenheim, reviews recent decisions that indirectly held that a franchisor commits no wrongdoing by requiring a franchisee to disclaim fraudulent representations in the franchise agreement and thereafter relying on that disclaimer as an affirmative defense, and that buck the 15-year-old judicial trend that a franchisor that does not control the day-to-day operations of its franchisee.
10 minute read
August 24, 2005 | New York Law Journal

Partnership Interest

Ezra Dyckman and David E. Kahen, are members of Roberts & Holland, analyze proposed rules that will affect many everyday real estate partnership arrangements, such as the issuance to an organizer or sponsor of a real estate venture of a "carried" partnership interest providing to the sponsor an interest in partnership profits that exceeds the sponsor's initial share (if any) of partnership capital.
10 minute read
October 20, 2008 | New York Law Journal

Credit Talk

Refine business models to emerge as stronger, more formidable competitors.
9 minute read
June 09, 2006 | New York Law Journal

Public Interest Law

Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that First Amendment retaliation claims often give rise to difficult legal and factual issues. For example, in public employee free speech cases courts have to determine whether the employee's speech was a matter of public concern and, if so, how to weigh the competing interests of the employee and government.
10 minute read
May 31, 2012 | New York Law Journal

Use of 'Disparaging' in Order Called Too Vague for Contempt

A Long Island judge has thrown out criminal contempt charges against a divorcing man who purportedly violated an order of protection's prohibition against making "disparaging remarks" about his wife.
7 minute read
December 02, 2008 | New York Law Journal

Law Firms Denied Permission to Leave Sex Bias Suit

5 minute read

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