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Affirmative Defenses Summary Judgment Negligence

Freiberger Haber LLP

The Relation-Back Doctrine Under CPLR 203(c) and (f)

Freiberger Haber LLP on

It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to...more

Harris Beach PLLC

NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

Harris Beach PLLC on

The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the...more

Smith Anderson

Federal Court Report - Sometimes it’s Just Better to Leave “Well-Enough” Alone

Smith Anderson on

In Sisk v. Abbott Laboratories, — F.R.D. –, No. 1:11-cv-159 (W.D.N.C. Feb. 10, 2014) (J., Reidinger), after prevailing in part on its motion for summary judgment, the defendant asked the court for the Western District to...more

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