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27 May 2020, 9:08 am by Second Circuit Civil Rights Blog
One is allowed to proceed with her case, but the other case is dismissed for good.The case is Creese v. [read post]
19 May 2020, 5:59 am by Andrew Lavoott Bluestone
Accepting as true the facts alleged in the complaint, and according the plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the conclusory allegations of the complaint failed to adequately plead specific facts to establish that, but for the defendants’ alleged negligent conduct, the outcome in the underlying action would have been any more favorable to the plaintiffs, or that the plaintiffs would not have incurred any damages (see… [read post]
3 Oct 2019, 4:32 am by Andrew Lavoott Bluestone
” “Viewing the complaint in the· light most favorable to the plaintiff (see Leon v Martinez,84 NY2d at 87-88), it fails to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome in the underlying medical malpractice action or that plaintiff would not hav~ incurred any damages (see Tortura v Sullivan Papain Block McGrath & Cannavo,… [read post]
20 Dec 2018, 9:30 pm by Bobby Chen
” The bill follows the Supreme Court’s decision in Murphy v. [read post]
21 Apr 2017, 5:36 am by Eugene Volokh
Sullivan (1964) (rejecting the view that libel is categorically unprotected, and holding that the libel exception requires a showing that the libelous accusations be “of and concerning” a particular person); Garrison v. [read post]
14 Oct 2015, 10:37 am by Charles Kotuby
Contents: Foreword, PEDRO CRUZ VILLALÓN The Court of Justice of the EU Judgment on Data Protection and Internet Search Engines: Current Issues and Future Challenges, CHRISTOPHER KUNER The CJEU Judgment in Google Spain: Notes on Its Causes and perspectives on Its Consequences, CRISTIAN ORO MARTINEZ The CJEU’s Decision on the Data Retention Directive, MARTIN NETTESHEIM The CJEU’s decision on the Data Retention Directive: Transnational Aspects and the Push for Harmonisation… [read post]
22 Feb 2014, 6:00 am by Mary Whisner
Martinez, by Gloria Valencia-WeberChallenging the Narrative of Conquest: The Story of Lyng v. [read post]
5 Jun 2011, 8:15 am by Dwight Sullivan
  By my count, there are 12 cases that have been argued but not yet decided (Sullivan, Eslinger, Ellerbrock, Gaddis, Schuber, Phillips, Lusk, Hull, Zarbatany, Fosler, Sweeny, Martinez). [read post]
7 Apr 2011, 5:00 am by Kimberly A. Kralowec
He made some policy arguments about how the statute is to be liberally construed (recently reiterated in the Martinez v. [read post]
10 May 2010, 1:16 pm by admin
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]