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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]
10 Mar 2021, 3:45 am
In 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 the court dismissed. [read post]
9 Mar 2021, 7:36 am
In Branzburg v. [read post]
28 Feb 2021, 10:18 am
Leon, 468 U.S. at 923. [read post]
5 Feb 2021, 3:07 am
“To succeed on a motion to dismiss based upon documentary evidence pursuant to CPLR 3211(a)(1), the documentary evidence must utterly refute the plaintiff’s factual allegations, conclusively establishing a defense as a matter of law” (Gould v Decolator, 121 AD3d 845, 847; see Leon v Martinez, 84 NY2d 83, 88). [read post]
12 Jan 2021, 12:44 pm
Artisanal and small-scale mining in Liberia and Sierra Leone Irene Vélez-Torres & Diego Lugo-Vivas, Slow violence and corporate greening in the war on drugs in Colombia McKenzie F Johnson, Fighting for black stone: extractive conflict, institutional change and peacebuilding in Sierra Leone Tobias Ide, Lisa R Palmer, & Jon Barnett, Environmental peacebuilding from below: customary approaches in Timor-Leste Mirza Sadaqat Huda, An ecological response to… [read post]
11 Jan 2021, 4:46 am
The upshot of the three cases — Centro Empresarial v America Movil, Arfa v Zamir, and Pappas v Tzolis — is that it depends not only on the particular language of the waiver or release but also on the sophistication of the complaining party and whether, at the time of the transaction, the complaining party had reason to distrust the other party such that it could not reasonably rely on the latter’s representations. [read post]
10 Jan 2021, 2:34 pm
Louisiana, 2020). 03/12/2020[Honduras] [Petition granted] [Grave risk of harm defense not established]Leon, v Ruiz, 2020 WL 1227312 (U.S. [read post]
10 Jan 2021, 2:20 pm
Indeed, there wasn't even enough evidence to get over the Leon good-faith hurdle, the court rules. [read post]
4 Jan 2021, 4:30 am
The Eikenberry Case A recent decision by Kings County Commercial Division Justice Leon Ruchelsman, Eikenberry v Lamson, 2020 NY Slip Op 33992(U) [Kings County Nov. 30, 2020], is a fine springboard for exploring the application of these legal standards to business divorce litigation where (as is often the case) the injunction movant’s ownership status in the business is hotly contested. [read post]
10 Dec 2020, 7:46 am
Contents include:Robert Kolb, Digging Deeper into the “Plausibility of Rights”-Criterion in the Provisional Measures Jurisprudence of the ICJ Emanuele Cimiotta, Parallel Proceedings before the International Court of Justice and the Committee on the Elimination of Racial Discrimination Simon Weber, Demystifying Moral Damages in International Investment Arbitration Juan-Pablo Perez-Leon-Acevedo, Reparation Modalities at the Extraordinary Chambers in the Courts of Cambodia (ECCC)… [read post]
21 Nov 2020, 10:19 am
Leon of the United States District Court for the District of Columbia in Larrabee v. [read post]
1 Nov 2020, 4:35 pm
Sierra Leone On October 28, President Julius Maada Bio signed a law revising the country’s 1965 Public Order Act to remove measures that criminalized publications deemed libelous or seditious, according to news reports. [read post]
