Tag Archives: Doctrine

Court Rules the New York Continuous Treatment Doctrine Does Not Toll the Statute of Limitations for the Failure to Diagnose

Medical malpractice cases, like any civil lawsuit, must be pursued within the time frame established by the statute of limitations. While the courts strictly construe the statute of limitations for pursuing a medical malpractice claim in New York, there are … Continue reading

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"prevailing price" regs not unduly vague, but commercial speech doctrine may still defeat them

People v. Superior Court, — Cal.Rptr.3d —-, 2019 WL 1615288, No. B292416 (Ct. App. Apr. 16, 2019)The Los Angeles City Attorney asserted claims under California consumer protection law against the real parties in interest, including J.C. Penney, alleging that they … Continue reading

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The public trust doctrine refers to the common-law principle that a state holds, in trust for the people, ownership, dominion and sovereignty over tidally flowed lands extending to the mean high water mark

Law Lessons from Susko v. Borough of Belmar, __ N.J. Super. __ (App. Div. 2019), Docket No. A-3059-16T2, April 22, 2019: The public trust doctrine refers to the common-law principle that a state holds, “`in trust for the people,'” “`ownership, … Continue reading

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Join Us For A Webcast: Art and the Spoils of War Doctrine: Lessons From The Temple of Ishtar

Join us on April 9, 2018 for a live Continuing Legal Education webcast of  the story of how the ownership of an Assyrian gold tablet excavated in 1913 from the Temple of Ishtar ended up before New York’s Court of Appeals. In … Continue reading

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Doctrine and Discontent

Jamal Greene, Foreword: Rights as Trumps?, 132 Harv. L. Rev. 28 (2018). Paul Horwitz The rise of instant, personalized access has its costs and benefits. Things like time-shifting, the ability to download songs rather than whole albums, and even SSRN make each … Continue reading

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