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13 Mar 2018, 4:12 am by Andrew Lavoott Bluestone
“Plaintiff’s claim for legal malpractice in connection with an underlying settlement fails to state a cause of action in the absence of allegations that the “settlement . [read post]
9 Dec 2008, 10:52 pm
Two gay Jamaicans, both of whom fell afoul of the law in the United States, were found to have failed to prove they would be tortured if deported to Jamaica, according to the 4th Circuit in Rangolan v. [read post]
22 Feb 2018, 10:30 am by Rick St. Hilaire
The University of Chicago no longer is in danger of losing ancient Iranian artifacts following Wednesday's United States Supreme Court decision in the case of Jenny Rubin, et al. v. [read post]
4 Dec 2010, 9:19 pm by Dwight Sullivan
On Thursday, ACCA will hear oral argument in United States v. [read post]
23 Sep 2010, 5:00 am by Kimberly A. Kralowec
Welch Foods, Inc., 2009 WL 5184422, *3-5 (C.D.Cal.2009) (holding plaintiff lacked standing to seek injunctive relief where plaintiff failed to allege entitlement to restitution); Walker v. [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
20 Oct 2013, 2:14 pm by Gene Quinn
Last week, the United States Court of Appeals for the Federal Circuit issued a decision in ncCUBE Corporation v. [read post]
27 Mar 2009, 9:13 am
Mirzayance, No. 07-1315 The District Court's grant of Petitioner's habeas petition is reversed, where, whether the state court's denial of his ineffective assistance claim is reviewed under 28 U.S.C. section 2254(d)(1)'s standard or de novo, Petitioner failed to establish that his counsel's performance was ineffective CRIMINAL LAW & PROCEDURE, SENTENCING Puckett v. [read post]
27 Apr 2022, 9:20 am by Eric Goldman
Failing to remove posts or verify identities is also insufficient. [read post]