107 Cited authorities

Medtronic, Inc. v. Lohr
518 U.S. 470 (1996) Cited 2,412 times 35 Legal Analyses
Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
Leon v. Martinez
84 N.Y.2d 83 (N.Y. 1994) Cited 9,589 times 4 Legal Analyses
Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
Paroline v. United States
572 U.S. 434 (2014) Cited 602 times 10 Legal Analyses
Holding that restitution is "proper under § 2259 only to the extent the defendant's offense proximately caused a victim's losses"
EBC I, Inc. v. Goldman, Sachs & Co.
5 N.Y.3d 11 (N.Y. 2005) Cited 2,047 times 1 Legal Analyses
Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales
Mandarin v. Wildenstein
2011 N.Y. Slip Op. 741 (N.Y. 2011) Cited 1,599 times 5 Legal Analyses
Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"
Espinal v. Melville Snow Contractors
98 N.Y.2d 136 (N.Y. 2002) Cited 1,908 times 1 Legal Analyses
Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law
Guggenheimer v. Ginzburg
43 N.Y.2d 268 (N.Y. 1977) Cited 4,058 times 2 Legal Analyses
Reversing grant of motion to dismiss
Mirand v. City of New York
84 N.Y.2d 44 (N.Y. 1994) Cited 864 times
Examining a jury verdict to assess whether it was irrational
Sommer v. Federal Signal Corp.
79 N.Y.2d 540 (N.Y. 1992) Cited 925 times 2 Legal Analyses
Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause
Palka v. Servicemaster Mgt.
83 N.Y.2d 579 (N.Y. 1994) Cited 686 times
Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

Edwin Davis et al., Appellants,v.South Nassau Communities Hospital, et al., Respondents.

107 Cited authorities

Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

Holding that restitution is "proper under § 2259 only to the extent the defendant's offense proximately caused a victim's losses"

Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales

Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law

Reversing grant of motion to dismiss

Examining a jury verdict to assess whether it was irrational

Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause

Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."