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10 Jun 2024, 4:00 am by Administrator
… Canadian Privacy Law Blog OKImportant new Ontario court decision on privilege in incident response documentation The Ontario divisional court has just released a decision, LifeLabs LP v. [read post]
3 Jun 2024, 4:31 am by Franklin C. McRoberts
We encountered this problem in our article about Eikenberry v Lamson, in which Kings County Commercial Division Justice Leon Ruchelsman wrote that it is “well settled in New York that a partnership or a joint venture may not operate through a corporate form and that any fiduciary obligations that the partners owe one another cease to exist once they agree to conduct business as a corporation,” but that there is an “exception” to this rule “where the… [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]
20 May 2024, 5:00 am by Josh Blackman
In the wake of the announced boycott against Columbia University, I posed several questions to Judge Matthew Solomson of the U.S. [read post]
3 Apr 2024, 4:08 pm by admin
When expert witnesses rely upon one or a few studies, which telegraph internal validity, this litigation strategy may provide the strongest evidence against the study’s being reasonably relied upon, or its providing “sufficient facts and data” to support an admissible expert witness opinion. [1] Daubert 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]
28 Nov 2023, 5:56 am by Santiago Stocker
The only countries in Sub-Saharan Africa to experience a coup and then recover from military rule and achieve sustained democracy since 1991 are Liberia, Lesotho, Sierra Leone, and Gambia – all of which met these three conditions. [read post]
28 Nov 2023, 4:58 am by Beatrice Yahia
Frank Thorp V and Megan Lebowitz report for NBC News. [read post]
16 Nov 2023, 4:00 am by Shea Denning
The Julius Court characterized mobility as a “fundamental prerequisite” to a warrantless search and reasoned that a vehicle must be in a condition in which ready use is possible for the automobile exception to apply. [read post]
16 Nov 2023, 4:00 am by jonathanturley
 Former CIA director Leon Panetta, in an interview on Fox News, stood by disproven claims about Russia faking Hunter Biden’s laptop. [read post]