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23 May 2024, 10:40 am by Peter S. Lubin and Patrick Austermuehle
Moreover, defenses that are unique to a named plaintiff are relevant to the inquiry into whether plaintiff’s claims are typical but are not necessarily dispositive of the issue (Sebo v. [read post]
22 May 2024, 9:01 pm by renholding
Takeaways More data scraping defendants likely will argue “conflict preemption. [read post]
22 May 2024, 10:13 am by Eric Goldman
Selected Posts About State Action Claims Jawboning Defendants Are 6-for-6 in the Ninth Circuit–Hart v. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v… [read post]
22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v… [read post]