TJD International breached two shipping contracts it entered into with Mediterranean Shipping Company. MSC sued TJD on the admiralty side of the Southern District of New York and got a judgment on default. The marine contracts provided for attorneys' fees to the prevailing party. The MS attorneys attempted to recover
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Pardalis & Nohavicka Pet Law Update: ConEd Responsible for Dog Electrocution: On It!
Dog owner walks his dog on a sidewalk in Brooklyn. After stepping in a puddle, the dog suddenly jumped up, yelped, and collapsed. Dog owner then put his hands in the puddle to see if the dog had stepped on broken glass and sustained an electric shock. Owner sued Consolidated
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Pardalis & Nohavicka Crim Pro Update: Intoxicated Driver’s Testing Unit Videotape — All or Nothing
Court found that refusal warnings given to the defendant were improper and suppressed the video showing the refusal. The People argued that the part of the video where driver was being carried into the 45 Precinct should have been allowed because it was unrelated to the refusal. Court disagreed stating
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Pardalis & Nohavicka Martial Arts Law Update: Parents Sue School When Child Fails Black Belt Test
Their son took the test for a second degree black belt Chi's Martial Arts of Lindenhurst. Unfortunately, the boy did not pass the test, and was denied advancement to Second Dan. The parents insisted that their son performed better than other students on the test who received black belts. They
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PARDALIS & NOHAVICKA INSURANCE COVERAGE UPDATE: “ENSUING LOSS” PROVISION DOES NOT MAKE AN EXCLUDED LOSS REAPPEAR AS A COVERED LOSS
The Court of Appeals, in critical decision for the insurance bar, held that the policy’s unambiguous language excluded from coverage the water damage to Plaintiffs’ home, and the exception did not nullify the water loss exclusion or render it ambiguous. Underground water pipe ruptured causing water to flood into and
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