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22 May 2024, 7:03 am
From Luke v. [read post]
22 May 2024, 6:00 am
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 Ginzburg, 43 NY2d 268,… [read post]
22 May 2024, 6:00 am
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 Ginzburg, 43 NY2d 268,… [read post]
22 May 2024, 5:01 am
In United States v. [read post]
22 May 2024, 4:03 am
Group 48, LP v. [read post]
22 May 2024, 4:00 am
Supreme Court Justice Samuel Alito, in a draft opinion obtained and published this week by Politico, detailed his justifications for overturning Roe v. [read post]
22 May 2024, 3:44 am
The agreement has been underpinned by a series of dialogue mechanisms, aimed at providing steering and oversight. [read post]
22 May 2024, 3:09 am
Brandon Dale Woodruff v. [read post]
22 May 2024, 3:00 am
Doyle v. [read post]
22 May 2024, 1:15 am
To date, eight other requests under Rule 262.1(b) have been refused (two have been withdrawn and three are yet to be decided). [read post]
21 May 2024, 11:00 pm
# # #DECISIONS. v. [read post]
21 May 2024, 9:05 pm
Markham notes that, under the major questions doctrine, articulated last year by the Supreme Court in West Virginia v. [read post]
21 May 2024, 9:01 pm
A legal challenge to the Final Rule has already been filed by an insurance industry trade group in the U.S. [read post]
21 May 2024, 9:01 pm
Wade and Planned Parenthood v. [read post]
21 May 2024, 8:36 pm
The District Court ruled against the Amish plaintiffs in Miller v. [read post]
21 May 2024, 2:14 pm
Resulting in more expense for lawyers on both sides of the appeal -- which the government itself pays for, and is surely many multiples of $5,000 -- plus losing the appeal anyway and resulting in a published opinion that recounts all the nasty details of what transpired at trial.Seem like (A) might have been the preferable choice. [read post]
21 May 2024, 1:38 pm
In Naranjo v. [read post]
21 May 2024, 1:27 pm
Cody v. [read post]
21 May 2024, 1:15 pm
Background On the evening in June 2017, a motorist who may have been drinking, was driving his pickup truck on a state highway when he tried to make a left turn into the path of a funeral procession. [read post]
21 May 2024, 8:17 am
Under Illinois v. [read post]
