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30 Aug 2023, 9:03 am by centerforartlaw
Italy’s Minister of Culture Gennaro Sangiuliano echoed this sentiment, expressing appreciation for the ruling and stating that “[i]t must be said that the use for commercial purposes for cultural goods must be paid while it must be free for images for educational and study purposes. [read post]
30 Aug 2023, 6:00 am by Public Employment Law Press
" Further, as the decision in Walton v New York State Department of Correctional Servs., 25 AD3d 999, modified, 8 NY3d at 191, notes, "an individual is not required to exhaust the available administrative remedy where such action would constitute an exercise in futility. [read post]
30 Aug 2023, 6:00 am by Public Employment Law Press
" Further, as the decision in Walton v New York State Department of Correctional Servs., 25 AD3d 999, modified, 8 NY3d at 191, notes, "an individual is not required to exhaust the available administrative remedy where such action would constitute an exercise in futility. [read post]
29 Aug 2023, 12:01 pm by Paul Caron
Rev. __ (2024): In June 2023, the Supreme Court granted the petition for a writ of certiorari in Moore v. [read post]
29 Aug 2023, 6:15 am by Chip Merlin
Hoffman argues that we should dismiss this claim for failure to state a claim upon which relief can be granted because he has no duty to Plaintiffs…. [read post]
28 Aug 2023, 5:30 am by Public Employment Law Press
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any… [read post]