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23 Jun 2024, 9:19 pm by Chukwuma Okoli
(v) that the judgment does not involve the enforcement of a penal or revenue law of the foreign state? [read post]
21 Jun 2024, 9:27 am by Joseph Scapellato
The opinion closely examines the plain meaning of VARA’s terms, it limits those meanings based on well-established principles of statutory construction, and it creates a scenario that presents both artists and property owners with un [read post]
20 Jun 2024, 4:42 pm by Eugene Volokh
Soon after HB 1 took effect, a group of plaintiffs—the appellees here {Dream Defenders, Florida State Conference of the NAACP, Black Collective Inc., Chainless Change Inc., and Black Lives Matter Alliance Broward}—sued Governor Ron DeSantis, three Florida sheriffs, and Attorney General Ashley Moody … to enjoin them from enforcing section 870.01(2)…. [read post]
13 Jun 2024, 3:00 am by Yosi Yahoudai
All those cargo containers that come into the Port of L.A., seen here in March, have to go somewhere. [read post]
12 Jun 2024, 8:00 am
Commodore Construction Corp., Civil Action No. 24-CV-4066 (S.D.N.Y.)EEOC v. [read post]
11 Jun 2024, 5:00 am by Public Employment Law Press
"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it,… [read post]
11 Jun 2024, 5:00 am by Public Employment Law Press
"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it,… [read post]
6 Jun 2024, 2:00 pm by Eric Goldman
So basically, the panel’s shift to a “duty” analysis doesn’t help at all, answers no questions, and simply gives the panel a way to remix the caselaw however it wants. [read post]
4 Jun 2024, 7:30 am by Paul L. Singer
States argued failing to disclose all fees up front made it difficult for consumers to compare prices and make informed choices as they booked their stays. [read post]
30 May 2024, 12:21 pm by Dennis Crouch
The Claims Court dismissed the case, finding it lacked jurisdiction over the implied contract claim and that all of The Portland Mint’s claims failed to state a valid cause of action. [read post]
29 May 2024, 11:10 am by Mavrick Law Firm
” For example, a broad arbitration may be written to stateall claims arising out of or relating to this contact shall be arbitrated. [read post]