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18 Nov 2010, 1:49 am by Andrew Lavoott Bluestone
On a motion to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
22 May 2012, 11:54 pm by WOLFGANG DEMINO
First State Bank of Denton, 566 S.W.2d 296, 297 (Tex. 1978); Marshall, 878 S.W.2d at 631; Beal Bank, SSB v. [read post]
11 Jun 2015, 4:34 am by Christopher Brown, Matrix
On 25 February 2015, the Supreme Court handed down its judgments in R (oao Rotherham Metropolitan BC and Ors) v Secretary of State for Business, Innovation and Skills [2015] UKSC 6. [read post]
15 Apr 2019, 2:13 pm by Joel R. Brandes
In Petitioner’s view, Australia was EZL’s habitual residence, and his temporary visit to the United States did nothing to alter this fact. [read post]
13 Dec 2009, 3:22 pm by Adam Wagner
Taking into consideration the cases of A v United Kingdom (3455/05) (2009) 49 EHRR 29 ECHR (Grand Chamber) and Secretary of State for the Home Department v F (2009) UKHL 28, (2009) 3 WLR 74, the claimants’ arguments on this point were upheld. [read post]
23 Dec 2015, 11:20 am by Venkat Balasubramani
Johnson County CC Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. [read post]
12 Jun 2012, 4:16 am by Brennan W. Bolt
The National Labor Relations Board filed a Motion to Amend or Alter Judgment yesterday in Chamber of Commerce of the United States of America v NLRB, Civil Action No. 11-2262, where District of Columbia District Court Judge James Boasberg struck down the NLRB's "quickie election" rules because the NLRB lacked a quorum when it passed the new rules. [read post]