Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • Depending on the facts and issues involved in a legal malpractice claim, there are various defenses to be proffered. One potential defense is the doctrine of collateral/crossover estoppel, a “rule of issue preclusion”[1] that “precludes relitigation of an issue in a subsequent, different cause of action between the same parties when the prior proceeding culminated in a valid final judgment and the...

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • The Uniform Commercial Code (U.C.C.). You know the one. That sectioned charter originally enacted with the goal of unifying the laws governing sales and commercial transactions across all 50 states, the District of Columbia and the U.S. territories? The one that provides recommendations to the states as to the laws that each particular state should adopt? It turns out that –even for all of the sta...

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • Introduction As you may be aware, Michigan has very few cases involving an issue that frequently arises at the end of many tenancies – whether items such as heating system(s), window shades, awnings, storm doors, stoves, etc. constitute fixtures (that remain the Landlord’s property at the end of the tenancy) or personal property (that the Tenant may freely remove at the end of the tenancy).   On ...

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • Late last week, the Appellate Division of the Superior Court of New Jersey handed down a reversal of summary judgment in an action sure to get the attention of asbestos defendants in the region who rely on similar offerings in moving for summary judgment. In an unpublished opinion, the Court in Fowler v. Union Carbide Corporation, et al.(Superior Court of New Jersey, Appellate Division, Docket No....

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • The Uniform Commercial Code (U.C.C.). You know the one. That sectioned charter originally enacted with the goal of unifying the laws governing sales and commercial transactions across all 50 states, the District of Columbia and the U.S. territories? The one that provides recommendations to the states as to the laws that each particular state should adopt? It turns out that –even for all of the sta...

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • With the stroke of the pen, Missouri’s newly-minted Republican Governor Eric Greitens has fulfilled a key campaign promise to bring tort reform to the state. On March 28, 2017, Governor Greitens signed legislation aligning Missouri with a large majority of jurisdictions that follow the Daubert standard governing expert testimony and opinion. In adopting the Daubert standard, Missouri leaves the ha...

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • On February 28, 2017, the Missouri Supreme Court issued its ruling in State ex rel. Norfolk So. Ry. Co. v. Hon. Colleen Dolan, a watershed moment in Missouri litigation. The ruling entrenches the legal precedent of Daimler AG v. Bauman, 134 S. Ct. 746 (2014) in Missouri courtrooms, thereby limiting personal jurisdiction over foreign corporations. In the underlying case, the plaintiff, Russell Park...

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post
  • A. Overview of Fair Labor Standards Act The Fair Labor Standards Act of 1938 (FLSA) is a federal law that regulates minimum wage and overtime compensation. Specifically, the FLSA provides a $7.25 per hour minimum wage for all covered employees, and mandates that they be paid time-and-a-half for work in excess of 40 hours per week. More » Tags: Employment Litigation & Counseling

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post

New blog articles detected.

  • CLIENT ALERT: New York’s New Cybersecurity Regulations - Nuts & Bolts

    The risk of a cyber-attack is ubiquitous, and a cyber-event can result in legal and financial liabilities that can cripple an affected organization. Recognizing the ever growing threat of cyber-crime, the New York State Department of Financial Services (DFS) recently unveiled the Proposed Cybersecurity Requirements for Financial Services Companies, a proposed set of cybersecurity regulations for b...

  • Illinois Supreme Court Applies Discovery Rule Extending Statute of Limitations Period in Wrongful Death and Survival Actions

    On September 22, 2016, the Illinois Supreme Court issued its opinion in Randall W. Moon v. Clarissa F. Rhode et al. (2016 IL 119572), holding that the discovery rule found in section 13-212(a) of the Code of Civil Procedure (735 ILCS 5/13-212(a)) was applicable to Wrongful Death and Survival act claims alleging medical malpractice.  Generally, statutes of limitation set deadlines for which plainti...

Segal McCambridge Singer & Mahoney
Segal McCambridge Singer & Mahoney
Blog Post

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