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11 Sep 2021, 8:16 am
” In a pair of Decisions and Orders available here and here, Kings County Commercial Division Justice Leon Ruchelsman [read post]
25 Aug 2021, 4:30 am
That, in turn, led to his lawyers mounting a number of challenges in courts across the country, even reaching the Supreme Court in the case of Texas v. [read post]
19 Aug 2021, 4:00 am
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
19 Aug 2021, 4:00 am
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
8 Aug 2021, 6:54 am
Wright v. [read post]
3 Aug 2021, 9:30 pm
After United States v. [read post]
19 Jul 2021, 4:41 am
Tzolis v. [read post]
18 Jul 2021, 4:05 pm
, heard 15 and 16 June 2021 (Julian Knowles J) Riley v Murray, heard 10 to 12 May 2021 (Nicklin J) Lloyd v Google, heard 28 and 29 April 2021 (UKSC) Kumlin v Jonsson, heard 24 and 25 March 2021 (Julian Knowles J). [read post]
11 Jul 2021, 4:55 pm
Research and Resources Surveilling the Gamers: Privacy Impacts of the Video Game Industry, Jacob Leon Kröger, Technische Universität Berlin; Weizenbaum Institute for the Networked Society, Philip Raschke, Technische Universität Berlin, Jessica Percy Campbell, University of Victoria, Stefan Ullrich, Weizenbaum Institute for the Networked Society. [read post]
9 Jul 2021, 3:08 am
” “Here, even accepting the facts alleged in the complaint, as amplified by the plaintiff’s affidavit, as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87), the plaintiff failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome on his workers’ compensation claim (see Katsoris… [read post]
22 Jun 2021, 12:16 pm
Pernix involved a firm-fixed-price construction contract in Sierra Leone that was impacted by an Ebola outbreak several months into the project. [read post]
14 Jun 2021, 5:47 am
Dial Car Inc. v Tuch & Cohen, LLP 2021 NY Slip Op 30407(U) February 10, 2021 Supreme Court, Kings County Docket Number: 514138/20 Judge: Leon Ruchelsman gives a nice description of the current standard of JL § 487 in the Second Department. [read post]
7 Jun 2021, 5:14 am
Here, accepting as true the facts alleged in the complaint, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint failed to sufficiently allege a failure by the defendants to exercise the ordinary skill and knowledge commonly possessed by a member of the legal profession and that any breach of such duty proximately caused damages (see Cali v Maio, 189 AD3d 1337). [read post]
31 May 2021, 11:57 pm
The reference can appear unusual and also questionable, but it is not the first time that an Italian court refers expressly to the doctrine of US fair use in deciding a dispute under Italian law (see also Court of Milan, July 13, 2011, Foundation Alberto et Annette Giacometti v Fondazione Prada in a case of “transformative use”). [read post]
28 May 2021, 7:08 am
He was defense counsel in The United States v. [read post]
7 May 2021, 8:00 am
Leone Levi (1821–1888) and the History of comparative commercial law Annamaria Monti10. [read post]
22 Apr 2021, 5:55 am
Table of Contents Key Findings Introduction Review of State and Local Car Rental Excise Taxes — How Rental Car Taxes and Fees Work — How Rental Car Excise Tax Revenue Is Used Economic and Tax Policy Consequences of Rental Car Excise Taxes — Economic Incidence of Car Rental Excise Taxes — Tax Exporting — Car Rental Excise Taxes and Tax Policy Rental Car Taxes and Peer-to-Peer Car Sharing — Developments in the State Taxation of Peer-to-Peer Car Sharing —… [read post]
2 Apr 2021, 4:11 pm
Yesterday, in United States v. [read post]
29 Mar 2021, 4:19 am
Cooley and Nobles v. [read post]
The Oral Partnership Operating as a Corporation: Is it a Partnership? A Corporation? Can it be Both?
15 Mar 2021, 4:59 am
In a recent decision from Kings County Commercial Division Justice Leon Ruchelsman, Eikenberry v Lamson, 2021 NY Slip Op 30561(U) [Sup Ct, Kings County Feb. 19, 2021], the Court considered both of these concepts, authoring a scholarly opinion on New York’s legal rules for when an alleged oral partnership can survive the alleged partners’ subsequent decision to operate the business in a different entity form. [read post]
