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New York Law Journal

Lawyer Can Go Pro Se Despite Ties to Plaintiff

An attorney may exercise his right to represent himself in a breach of contract and legal malpractice lawsuit because the plaintiff failed to give any compelling reason against it, a state appeals court has ruled.
2 minute read

The Legal Intelligencer

Haviland v. Kline & Specter, PICS Case No. 17-1389 (C.P. Philadelphia July 14, 2017) McInerney, S.J. (8 pages).

A neutral arbitrator was capable of being impartial and disinterested, so plaintiff's petition to remove the arbitrator was properly denied.
6 minute read

The Legal Intelligencer

Red Star Mortgage v. Branch, PICS Case No. 17-1375 (E.D. Pa. Aug. 21, 2017) Beetlestone, J. (19 pages).

Defendants were entitled to summary judgment on plaintiff's breach of contract, unjust enrichment, quantum meruit and conversion claims based on LLC's refinancing of shopping center loan after plaintiff introduced former member of LLC to equity firm that latter refinanced the loan because plaintiff produced no evidence that member had any relationship with LLC in 2013 when he signed agreement with plaintiff and was introduced to equity firm and there was no evidence that equity firm's transaction with LLC in 2014 had any relation to plaintiff's introduction of equity firm to member. Motions granted.
6 minute read

New York Law Journal

Browser Beware: Second Circuit Sizes Up 'Reasonable Smartphone User' in Uber Dispute

In his Intellectual Property column, Stephen M. Kramarsky writes: In a recent case in the Southern District of New York against ride-hailing company Uber and its CEO, the court denied Uber's motion to compel arbitration, holding that its sign-up process did not adequately notify users of its terms of service (which contained the arbitration provision). The Second Circuit's review and vacatur of that decision examines these issues in the context of the "reasonable smartphone user," and it is worth a closer look.
21 minute read

New York Law Journal

JB Aviation, LLC v. R Aviation Charter Services, LLC

Summary Judgment Denied; Alleged Oral Commission Contract Was Uncontradicted
3 minute read

The Legal Intelligencer

Case Tests Appellate Review of Ex-Judge's 'Conclusory' Verdict

What's an appellate court to do when it's reviewing a bench verdict and the trial judge is no longer available to explain the reasoning behind it?
4 minute read

The Recorder

Roth v. Plikaytis

C.A. 4th; D070484 The Fourth Appellate District affirmed in part and reversed in part a trial court order awarding fees. In the published portion of…
4 minute read

Texas Lawyer

Slick Decision: Fifth Circuit Rules for WD-40 in Arbitration Case

The U.S. Court of Appeals for the Fifth Circuit is refusing to let a plaintiff business slip out of an arbitration decision, rejecting its $40 million breach-of-contract claim against the makers of WD-40, the popular household lubricant packaged in blue and yellow aerosol cans.
4 minute read

New York Law Journal

Window Broker, Inc v. Barner

Plaintiff Entitled to Balance Due on Contract, with Some Deductions for Poor Workmanship
3 minute read

Daily Report Online

High Court Upholds Ex-Fulton Finance Chief's Ouster

Patrick O'Connor was the county's chief financial officer and finance director from 1996 until late 2014, when he was appointed interim county manager.
3 minute read

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