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28 Aug 2023, 12:25 pm
This ground failed. [read post]
28 Aug 2023, 10:50 am
On the evidence, the respondent had failed to establish that the reviewing officer had done so. [read post]
28 Aug 2023, 6:35 am
” By clearly stating that H&K is representing “you” – in this case, plaintiff – the document can reasonably create the impression that H&K was first and foremost representing plaintiff’s interests. [read post]
28 Aug 2023, 5:39 am
In Armata v. [read post]
28 Aug 2023, 5:30 am
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]
28 Aug 2023, 5:30 am
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]
27 Aug 2023, 3:56 pm
Importantly, a federal officer acting out of “any personal interest, malice, actual criminal intent, or for any other reason than to do his duty” would fail to establish immunity under the Supremacy Clause.[17] Does the fact that a defendant was involved in political activity using campaign funds affect the analysis? [read post]
27 Aug 2023, 6:25 am
But this strained analogy fails. [read post]
27 Aug 2023, 3:00 am
& Appliance v. [read post]
26 Aug 2023, 9:32 am
A UN Human Rights Committee on Follow-Up Rapporteur Friday published findings that Spain failed to implement a landmark United Nations Human Rights Council (UNHRC) decision in the Baltasar Garzón v Spain case. [read post]
26 Aug 2023, 9:13 am
Twitter Another Must-Carry Lawsuit Against YouTube Fails–Daniels v Alphabet Newspaper Isn’t State Actor–Plotkin v. [read post]
25 Aug 2023, 9:00 pm
In Perry, et al, v The City of New York, et al, Docket No. 21-2095, decided August 25, 2023, the United States Court of Appeals for the Second Circuit, said:"In this collective action, a group of 2,519 EMTs and paramedics allege that their employer, the City of New York, willfully violated the Fair Labor Standards Act by requiring them to perform work before and after their shifts without paying them for that work unless the plaintiffs specifically requested overtime… [read post]
25 Aug 2023, 9:00 pm
In Perry, et al, v The City of New York, et al, Docket No. 21-2095, decided August 25, 2023, the United States Court of Appeals for the Second Circuit, said:"In this collective action, a group of 2,519 EMTs and paramedics allege that their employer, the City of New York, willfully violated the Fair Labor Standards Act by requiring them to perform work before and after their shifts without paying them for that work unless the plaintiffs specifically requested overtime… [read post]
25 Aug 2023, 7:56 pm
In Mahmoud v. [read post]
25 Aug 2023, 6:22 pm
Dec. 6, 2022); see also Horwin v. [read post]
25 Aug 2023, 4:34 pm
From Westenbroek v. [read post]
25 Aug 2023, 12:19 pm
Loughman criticized the security pact, stating that it compromises the neutral status of Vanuatu and potentially jeopardizes assistance from China. [read post]
25 Aug 2023, 11:31 am
From Republican National Comm. v. [read post]
25 Aug 2023, 7:40 am
[1] Hamilton v. [read post]
25 Aug 2023, 5:30 am
” “An attorney may not be held liable for failing to act outside the scope of the retainer” (Genesis Merchant Partners, L.P. v Gilbride, Tusa, Last & Spellane, LLC, 157 AD3d 479, 482; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428). [read post]
