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New York Law Journal

Mitigation of Damages in Medical Malpractice Defense

It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
8 minute read

Law.com

Nurse Files Suit Over 'Mock Shooter Drill,' Wrongful Termination for Voicing Concerns

This case was first surfaced by Law.com Radar.
4 minute read

The Legal Intelligencer

Pa. Federal Judge Rules Valve Manufacturer Liable for Defective Products That Have Yet to Fail

"If you have evidence during the four years that the part is failing generally for the same reasons you allege, this would support a claim for implied warranty," Patrick Howard said.
3 minute read

New York Law Journal

'Proofreading Is Essential': Justice Reminds Parties While Granting Summary Judgment in Loan Default Case

"This appeal concerns a purported $44 million scrivener's error," Associate Justice Jeffrey Oing of the Appellate Division, First Department wrote in the decision. "It also is a reminder that proofreading is an essential, indispensable tool in the drafting of contracts."
3 minute read

New York Law Journal

'Significant Risk': NY AG Urges Appeals Court to Deny Stay of $464.5M Bond

Former President Donald Trump has asked a full panel at the Appellate Division, First Department to press pause on collection while he appeals.
3 minute read

New York Law Journal

First 'Revenge Porn' Lawsuit Tried to Verdict Wins $30 Million in Damages

To this day, Cooper is harassed due to the images, some of which remain online. She testified that she was most recently contacted at work by someone who saw the content on the internet a week before trial.
5 minute read

The Legal Intelligencer

Pa. High Court Agrees to Take Up Challenge to State Damages Cap

"The Supreme Court's allowance of appeal represents a significant moment in the effort to overturn the unjust and unconstitutional limitation on recovery against the commonwealth," the plaintiff's lawyers said in a joint statement.
3 minute read

New York Law Journal

Trump Posts $91.6 Million Bond in Carroll Defamation Case

Trump lawyer Alina Habba posted the bond just a day after U.S. District Judge Lewis Kaplan denied the defense bid to stay execution of the judgment.
1 minute read

The Legal Intelligencer

$2.3M Verdict Against Phila. Housing Authority Tees Up Challenge to State Damages Cap

"Because of the cap, a lot of lawyers don't want to get verdicts, so they will settle a case that should be in the multimillions for pennies on the dollar," Leonard Hill, of Hill & Associates, said.
3 minute read

The Legal Intelligencer

Philadelphia Eagles, Lincoln Financial Field Sued After Ceiling Allegedly Fell on a Fan

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide.
2 minute read

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