Vicarious Liability for Intentional Wrongdoing: Myth or Fact?
/The question is not whether the tortious conduct is intentional or negligent. The question is whether the wrongdoer is acting within the scope of their employment.
Read MoreStorm(y) Front, Part 4: Evaluating Her Claim That No Contract Was Formed
/Ms. Daniels argument that no contract was formed is remarkably strong, and certainly, stronger than I initially thought before really digging into this.
Read MoreStorm(y) Front, Part 3: Debunking Some “Hot Takes” On The Daniels Lawsuit Against Trump – Fraud In The Inducement
/I obviously have no insight into the thinking of Ms. Daniels’ counsel, but I would guess that looking at his facts, he felt that the theory of the failure to fully form an agreement was a path of lesser resistance than fraud.
Read MoreStorm(y) Front, Part 2: Debunking Some “Hot Takes” On The Daniels Lawsuit Against Trump - Statute of Frauds
/The central fact that Ms. Daniels hangs her … um …. hat on is that Donald Trump did not sign the agreement. If you hear that the dispute involves an attempt to enforce a contract and one party didn’t sign, the statute of frauds is a logical place for your mind to go.
Read MoreStorm(y) Front, Part 1: Her Legal Theory Is What, Exactly?
/One of the first questions to address is precisely what is Ms. Daniels’ claim? At its heart she claims that Donald Trump did not sign the nondisclosure agreement, and the legal consequence of that is that the agreement cannot be enforced against her. Those are points “A” and “B” but what is the path between the two?
Read MoreOn Laundry List Objections To Written Discovery
/If one is going to stand on an objection as a basis for refusing disclosure of information or documents, the objection had better be stated with specificity and supported by a detailed explanation of why the particular interrogatory or request is objectionable.
Read MoreIn Re: The Intervening Insurer (Revisited)
/All is right with the world again – at least for this case.
Read MoreIn Re: The Intervening Insurer
/The insurer's argument was pretty basic – we can instruct the jury on issues that would determine coverage and have them answer interrogatories that will remove doubt as to whether our duty to indemnify the insured is in fact triggered. What’s not to love?
Read MoreAll Bark And No Bite: Threatened Defamation Suits As A Response To Sexual Assault Claims
/The very serious topic of sexual assault has been seemingly all over the news lately. Practically every day there are new allegations against some public figure. The response of the accused obviously varies. Sometimes, however, the response involves announcing a plan to sue for defamation.
Read MoreFor Those With A Particular Interest In Interest
/But what if a Plaintiff delays for years in bringing a claim? There is an argument to be made that in such circumstances, an award of prejudgment interest would be incompatible with the plaintiff’s duty to mitigate his damages ...
Read MoreBeing A Kentucky Judgment Creditor Is Not As Lucrative As It Used To Be
/In March of this year, HB 223, which amended KRS 360.040, was signed into law, and became effective on June 29, 2017....
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