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27 Aug 2023, 3:56 pm by Andrew Warren
” Although the test’s threshold is viewed as relatively low, not all cases justify removal, and where the state opposes removal and offers persuasive reasons for why Mesa is not satisfied, the burden is very much on the removing party to provide specific reasons as to why the test is met.[6] The Mesa test remains good law and applies to all removals under section 1442.[7] “Although the statute is ‘liberally construed’… the Supreme Court has… [read post]
23 Aug 2023, 4:00 am by Eric Segall
She was the United States Solicitor General when the challenges to the statute were being resolved by the lower courts. [read post]
22 Aug 2023, 5:00 am
“sufficiently” alleged “an inference of sex discrimination,” and “adequately” stated a claim under the governing discrimination laws [NYCHRL and the NYSHRL].Given the foregoing, because it thought the hospital’s motion should have been denied, the AD2 reversed the underlying determination and revived the litigation.Bet Jamaica Hospital found that a bitter pill to swallow ….# # #DECISIONS. v Jamaica Hosp. [read post]
21 Aug 2023, 6:05 am by Patryk I. Labuda
Both Germany and the United States have advocated the “hybrid” route, with U.S. [read post]
According to the Center for Reproductive Rights, 14 states have effectively outlawed abortion since the US Supreme Court released its 2022 decision in Dobbs v. [read post]
18 Aug 2023, 6:28 am by Marcia Coyle
Brennan, writing in the January 1977 Harvard Law Review, had been part of the liberal Warren Court era, a period marked by Brown v. [read post]
14 Aug 2023, 4:00 am by Eric Segall
Before 1925, the states were free to abridge speech in any way they wanted consistent with state law. [read post]
14 Aug 2023, 2:47 am by Andrew Lavoott Bluestone
Under CPLR §3211 (a)(7), “[i]n considering a motion to dismiss a complaint for failure to state a cause of action … the pleadings must be liberally construed. [read post]