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24 May 2024, 4:00 am by Melanie Hodges Neufeld
[iv] Eric Martinez, Francis Mollica & Edward Gibson, “Even Lawyers Do Not Like Legalese” (April 23, 2024), online: <pnas.org> [https://www.pnas.prg/doi/full/10.1073/pnas.2302672120]. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
16 Apr 2024, 9:01 pm by Vikram David Amar
(That’s what Dean Martinez was getting at when she observed, in her public explanation of SLS’s policies, that “the First Amendment does not give protestors a ‘heckler’s veto. [read post]
25 Mar 2024, 5:12 am by Andrew Lavoott Bluestone
However, the complaint, “although inartfully drafted,” (Leon v Martinez, 84 NY2d at 88), adequately alleges a demand for punitive damages based on the remaining causes of action asserted against Geico (see Rocanova v Equitable Life Assur. [read post]
12 Mar 2024, 8:02 am by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
12 Mar 2024, 7:10 am by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
11 Mar 2024, 7:00 pm by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
22 Feb 2024, 3:30 am by Sheila Vélez Martinez
Sheila Vélez Martinez The book, Race and National Security, edited by Professor Matiangai V. [read post]
18 Jan 2024, 3:45 am by SHG
The concept made sense back in 1984, when the Supreme Court held in Chevron v. [read post]
17 Jan 2024, 3:58 pm by Amy Howe
ShareIt has been nearly 40 years since the Supreme Court indicated in Chevron v. [read post]
8 Dec 2023, 5:25 am by Andrew Lavoott Bluestone
” “Here, even accepting the facts as alleged in the amended complaint to be true and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the amended complaint failed to state a cause of action for legal malpractice. [read post]
7 Nov 2023, 10:25 am by Neil H. Buchanan
[Side note: The other three surnames on the top-10 list in the US are Garcia, Rodriguez, and Martinez, which few people would mistakenly associate with our new man in Washington.] [read post]