Innkeepers, shopowners & other business owners: Ensure that the correct protective measures are taken to safely operate your business

An innkeeper or shopowner has a duty to exercise reasonable care to protect its guests or tenants while on the premises to protect against foreseeable injury that may be caused to third persons.  You must take reasonable protective measures, including providing adequate security to protect guests f...
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Real Estate: A growing concern in the neighborhood – intentional torts against property interest

New York case law has routinely held that a trespass to land is an intentional infringement of the real property right of another.  In order to prove a trespass, the trespasser must have intended to do the act; the act must have resulted in damage to the property; and the intrusion must be the inev...
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Employment: $100 million lawsuit filed against Publicis Groupe SA for alleged discrimination against women

A former public relations employee has brought a lawsuit in the United States District Court for the Southern District of New York against Publicis Groupe SA.,  seeking class action status and the recovery of damages of at least $100 million based upon accusations the company systematically favored...
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Real Property: Property owners beware of adverse possession

Most property owners are unaware of the concept of adverse possession.  In short, adverse possession is a method of obtaining title to land (without compensating the owner) based upon the claim of the person in actual possession of the land that he, she or it had been in actual, continuous, exclu...
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Healthsouth’s Scrushy loses appeal of $2.9 Billion Judgment

The Alabama Supreme Court, applying Delaware corporate law, has rejected ex- HealthSouth CEO Richard Scrushy’s appeal of a $2.9 billion judgment that he owes to the shareholders of the health care services chain for orchestrating a massive accounting fraud. Scrushy, who is serving seven years ...
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Lawsuit brought against Port Authority for its failure to rebuild a Greek Orthodox Church at Ground Zero

Ten years after the devastating terrorist attacks on Ground Zero, the St. Nicholas Greek Orthodox Church, founded in 1916 and previously located at 155 Cedar Street, New York, New York, has filed a federal lawsuit against the Port Authority, claiming the owner of the World Trade Center, has reneged ...
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Entertainment & Sports: Shannon Briggs claims Shelly Finkel and his associates cheated him of $725,000 in title fight

A former heavyweight champion boxer Shannon Briggs says promoter Shelly Finkel and his associates owe him nearly $725,000 for last fall’s title bout against current world champion Vitali Klitschko that left him hospitalized. Briggs, 38, who spent 12 days in a German hospital after losing to K...
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Entertainment & Sports Update: Indictment Charges Against All Time Home Run King Barry Bonds Reduced from Eleven to Five

Last week, federal prosecutors reduced the number of felony charges pending against Barry Bonds from eleven to five.  The charges stem from allegations that Bonds lied to a grand jury in 2007 about his purported past steroid use.   Bonds has pleaded not guilty to the charges and has maintained ...
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Husband’s appeal to bring suit against former wife’s attorney seeking to recover damages for fraud and breach of fiduciary duty denied

The Supreme Court, Appellate Division, Second Department recently upheld the lower court’s decision to deny a husband’s action against an attorney, in which the attorney represented his former wife in a divorce action, seeking to recover damages for fraud and breach of fiduciary duty.  The husb...
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Breach of Contract: What type of damages may a non-breaching party be enititled to?

It happens quite often, a party breaches its obligations under a written or oral agreement.  Most of the time a non-breaching party doesn’t understand its rights and remedies under this common situation.  The severity of the breach will dictate the course of action that a non-breaching par...
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