Search for: "Parks v. Martinez" Results 1 - 20 of 146
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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]
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]
19 Oct 2023, 11:55 am by Robin E. Kobayashi
[added to Ch. 9, § 9.6] (evidence supported finding of serious and wilful misconduct under Labor Code § 4553) Martinez Marin v. [read post]
17 Apr 2023, 5:16 am by Scott Bomboy
In 2011, the state Supreme Court of Washington ruled in State v. [read post]
20 Nov 2021, 7:29 am by Richard Hunt
¹ Websites as public accommodations in the Second Circuit In Martinez v. [read post]
29 Jul 2021, 3:50 am by Greg Lambert and Marlene Gebauer
Can examples like Eleven Madison Park restaurant teach the legal industry better client interactions? [read post]
6 Jun 2021, 8:17 am by Erik J. Heels
v=RvV3nn_de2k Since 2001, LawLawLawTM has documented trends in technology, law (mostly patents and trademarks), baseball (mostly Red Sox), and music (mostly rock). [read post]
26 Feb 2021, 12:30 pm by John Ross
On Thursday, the Supreme Court released its decision in Brownback v. [read post]
25 Jan 2021, 5:47 pm by Richard Hunt
The plaintiff alleged that parking and restrooms had barriers to access whose removal was readily achievable, but failed to allege that parking and restrooms were provided by the defendant for customers. [read post]
19 Jan 2021, 12:14 pm by Bryn Miller
Our firm previously examined a Sixth Circuit decision casting doubt on the practice of “chalking”—using chalk to mark the tires of parked vehicles to track how long they have been parked—to enforce parking restrictions in unmetered public parking spaces. [1] In that case, Taylor v. [read post]
18 Aug 2020, 9:08 am by Phil Dixon
Parks Police of on-duty Secret Service agent could proceed; denial of qualified immunity affirmed; argument that the case presented new context for Bivens claim was waived Hicks v. [read post]
13 Jul 2020, 1:40 pm by Shira M. Blank and Joshua A. Stein
This risk is only heightened — particularly for those operating in California — following a slew of recent decisions, including one from the California Court of Appeals just last month in Martinez v. [read post]