Category: Article Archive

Nesmith v. Allstate 0

Nesmith v. Allstate

In this case, the Court of Appeals interpreted a “noncumulation clause” where members of different families were successively exposed to lead paint in the same apartment. Just as the Court similarly found in Hiraldo...

Jones v. Town of Carroll 0

Jones v. Town of Carroll

This appeal addressed the application of Town laws to Plaintiff’s land. In 1984, Plaintiff, Carol Jones (“Jones”), obtained a special use permit from Defendant, the Town of Carroll, allowing her to develop a construction...

Kimso v Ghandi 0

Kimso v Ghandi

This appeal addresses a party’s ability to amend a pleading following trial and the full presentation of proof by both parties. Counterclaim plaintiff, Mahesh Gandhi and his two associates formed and held equal one-third...

Town of Amherst v. Weiss 0

Town of Amherst v. Weiss

This appeal addresses the tolling of the statute of limitations in a legal malpractice action under the continuous representation doctrine. This appeal also considers whether an attorney who was hired by the Defendant-attorney to...

Grace v. Law 0

Grace v. Law

This appeal addresses whether a client’s failure to appeal the underlying action bars the client’s legal malpractice claim, an issue of first impression for the court. In October 2002, the plaintiff, John W. Grace...

Federal Rule of Criminal Procedure 5(D) 0

Federal Rule of Criminal Procedure 5(D)

Effective December 1, 2014 Federal Rule of Criminal Procedure 5(d) describes the procedure for an initial appearance in a felony case. The rule has been amended to add an additional section to 5(d)(1), the...

Harwood v. Addison 0

Harwood v. Addison

This appeal concerns the termination of employment of a public employee. The Petitioner, Brenda Harwood, served as a senior account clerk typist in the City of Watertown’s Parks and Recreation Department. After a twenty-nine...

Foots v. Consol. Bldg. Contrs., Inc. 0

Foots v. Consol. Bldg. Contrs., Inc.

This is an appeal and cross-appeal from three summary judgment rulings in a personal injury action. The plaintiff, James Foots, was an employee of the lessee, Sodexho, a commercial laundry business. As part of...

In re: Thelen LLP 0

In re: Thelen LLP

The Court of Appeals answers two certified questions that arose in two separate law firm bankruptcy cases, where the firms dissolved their partnerships. In Thelen, the partners included an “Unfinished Business Waiver” or “Jewel...

Spoleta Construction, LLC v. Aspen Ins. UK Ltd. 0

Spoleta Construction, LLC v. Aspen Ins. UK Ltd.

This case on appeal concerns the notice provision of an insurance policy covering a third party contracted employee. The plaintiff in this case, Spoleta Construction, LLC, contracted defendant Hub-Langie Paving, Inc., to complete paving...