Author: rehan.rafique

Court of Appeals Clarifies The “Relation Back Doctrine” When A Necessary Party Is Not Initially Named In Litigation

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The New York Court of Appeals, in an action challenging the issuance of a use variance, clarified the application of the “relation back doctrine” to allow an amended petition adding a necessary party, after expiration of the statute of limitations. In Matter of Joseph Nemeth v. K-Tooling https://www.nycourts.gov/reporter/3dseries/2023/2023_05349.htm the Court found, omitting the owner of…

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New York Law

Recent Celeb Divorces in NYC –

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We can always live vicariously through celebrities, even when they divorce. This week,it was reported that Tom Middleditch of Silicon Valley fame was ordered to pay his ex-wife more than $2.6 million in their divorce settlement. Not too shabby, considering thewere only married for four years.Another couple that we vicariously watch to see how the…

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New York Law

Video Doorbells in Condos – Lash Condo Law

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In the age of technological advancements, the integration of video doorbells in condos have become an increasingly hot topic. Video doorbells, equipped with real-time video streaming, have revolutionized home security. While these devices offer enhanced security and convenience, the rising installation of video doorbells in condos has sparked concerns about privacy. Living in a condo…

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Canada Law

Medical Assistance in Dying (MaiD): Call a doctor – Ottawa has a bad case of Indecisiveness! (a reaction to the Jan. 30, 2024 decision by Health Minister)**

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  1 Gold’s Legal Minute*GLM* – BulletinBy Allan Gold lawyer Montreal and elder law attorneyVol. 15, #1 – January 31, 2024 Medical Assistance in Dying (MaiD): Call a doctor – Ottawa has a bad case of Indecisiveness! (a reaction to the Jan. 30, 2024 decision by Health Minister)** Dateline Ottawa, Jan. 30, 2024: “This is…

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Canada Law

Meritless Implication that Former Employee was Involved in Murder Results in $100,000 in Aggravated and Punitive Damages

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Can an employee be awarded aggravated damages for his employer’s bad behaviour if that bad behaviour precedes his termination? While for a long time the prevailing wisdom was that aggravated and punitive damages could only be awarded for behaviour “during the course of dismissal”- which are the words used by the Supreme Court of Canada…

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Canada Law

Judge’s Lawyer Uses Unidentified Source to Tar Pulizotto

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On Friday (Dec. 15) the flamboyant lawyer, Richard A. Luthmann Jr., was arrested on charges of defrauding buyers of scrap metal. Justice Judith P. McMahon’s lawyer is attempting to use Luthmann’s bombshell arrest to discredit whistleblower Michael Pulizotto, who is the main witness against his client. Luthmann had been representing Pulizotto in a libel lawsuit…

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New York Law

When a Real Estate Agent Acting as Referee in California Partition is Immune from Lawsuits – Qualified Judicial Immunity

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In California, a Partition action is used to resolve disputes between property owners, and results in sale of the property or physical division. The most common result is a judicial sale of the property, made by a referee appointed by and accountable to the court. The referee is typically a licensed real estate broker. In…

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Property Law

Important new Ontario court decision on privilege in incident response documentation

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The Ontario divisional court has just released a decision, LifeLabs LP v. Information and Privacy Commr. (Ontario), 2024 ONSC 2194, that should grab the attention of Canadian lawyers who work in cyber incident response. I don’t know whether it will be appealed, but the logic of the decision is pretty sound. But I expect this isn’t…

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Canada Law

Commission Proposes New FDI Regulation

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On 24 January, as part of its Economic Security Package, the European Commission presented five initiatives to strengthen the economic security of the European Union (EU) amid rising geopolitical tensions and technological disruptions.  The five initiatives presented by the Commission are the following: Council Recommendation on Research Security; White Paper on options for enhancing…

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European Law

the Court of justice rules again on online order buttons (Case C-400/22, Conny)

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    Alessandra Fratini and Giorgia Lo Tauro, FratiniVergano European Lawyers Photo credit: Namakkalshowroom, via Wikimedia Commons     Introduction On 30 May 2024, the Court of Justice of the European Union issued its judgment in Conny (Case C-400/22), which concerned the labelling requirements for online order buttons under Article 8 of the Consumer Rights Directive…

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European Law