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Michael S. Haber
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Michael Haber’s Legal Guides

41 total

  • Whether A Case is "Ripe" Can Determine Important Legal Rights

    "Ripeness" in General In order for a case to be heard by a court, the case must be “ripe” for judicial resolution. The underlying rationale of the ripeness doctrine is to prevent courts from getting

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  • Factors that Toll the Statute of Limitations

    General The statute of limitations can prevent a would-be plaintiff from suing. Each particular kind of claim has a particular amount of time to start the action, and, under New York law and under f

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  • Preemption of State Law in Certain Suits Against Labor Unions

    The Doctrine of Preemption in General The Supremacy Clause of the Constitution is not typically the kind of subject that arises during discussions at cocktail parties. At least until recently. The

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  • When Does the Clock Start Running on a Labor Union’s Breach of its Duty of Fair Representation?

    General The Duty of Fair Representation [“DFR”] is a duty owed by a labor union to its members. The duty is breached when a labor union acts in a manner that is in bad faith, arbitrary, or discrimin

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  • Tips On Exercising An Option To Buy Real Estate

    General Considerations Quite often, one is given an option to purchase real property. The contract that creates that option must be carefully reviewed in order to avoid inadvertently losing the righ

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  • Fraudulent Misrepresentations to a Third Person

    What is Fraud? Fraud is a relatively well-known cause of action. Many people who know little about law have heard of fraud. And the word is used in common parlance. The Merriam Webster Diction

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  • The Importance of Procedure in the Legal System

    Death as a Late-Filing Penalty You may have read, a while back, of a circumstance in which a death row prisoner filed his last possible appeala day late and the prosecutor argued that respect for the law required that he be put to death and his appeal not be entertained. Imagin...

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  • Removing to Federal Court Cases That Were Started In State Court

    Cases That May Be Removed The state and federal court systems are separate from one another . In New York, State Supreme Court is a court of general jurisdiction, meaning it can take any kind of cas

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  • Haber's Rules on How to Have Your Deposition Taken

    The 12 Rules on Giving A Deposition Here are the key rules as to how to give your deposition:. 1. Brevity is best. 2. Stop talking after you answer. Don't feel a need to fi

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  • Filing an Employment Discrimination Claim

    Filing Employment Discrimination Claims Most claims of employment discrimination (whether based on race, color, creed, religion, disability, age, or certain other factors) must be filed with a human

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