Search for: "Fail v. State"
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17 May 2024, 4:04 am
" Chestek PLLC v. [read post]
16 May 2024, 1:24 pm
The United States Department of Labor (DOL) is charged with enforcing the requirements of ERISA. [read post]
16 May 2024, 5:00 am
This approach is preferred because, as illustrated in the case of POC v. [read post]
15 May 2024, 10:57 am
Earlier this year, the Fourth Circuit decided United States v. [read post]
15 May 2024, 10:10 am
United States v. [read post]
15 May 2024, 10:00 am
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 10:00 am
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 7:00 am
Just last week, in Bustamante et al. v. [read post]
15 May 2024, 6:32 am
After then-President Donald Trump’s election loss in November 2020, loyalists inside and adjacent to his campaign concocted a scheme to have pro-Trump electors in key swing states cast their electoral votes for the failed Republican ticket. [read post]
15 May 2024, 6:15 am
United States v. [read post]
15 May 2024, 6:00 am
However, in 2022 the Legislature enacted a new version of Executive Law § 94 in response to the alleged failings of JCOPE in general. [read post]
15 May 2024, 6:00 am
However, in 2022 the Legislature enacted a new version of Executive Law § 94 in response to the alleged failings of JCOPE in general. [read post]
15 May 2024, 5:59 am
Circle City Broadcasting I, LLC d/b/a WISH-TV (SD 2/21/2024) – The Defendant filed its Answer on April 19, 2024, including the following affirmative defenses: Plaintiff has failed to state a claim upon which relief can be granted. [read post]
15 May 2024, 3:56 am
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
14 May 2024, 10:15 pm
This includes documents recently disclosed as a result of the settlement of Penebaker v. [read post]
14 May 2024, 10:27 am
" The Supreme Court reaffirmed this in Regan v. [read post]
14 May 2024, 8:56 am
State v. [read post]
14 May 2024, 6:00 am
" The issue raised on appeal is whether Supreme Court properly struck respondent's unverified answer (see Matter of Atwood v Pridgen, 142 AD3d 1278, 1279 [4th Dept 2016], lv denied 28 NY3d 945 [2016]).Petitioners failed to reject respondent's answer and deem it a nullity based upon the lack of a verification (see CPLR 3022). [read post]
14 May 2024, 6:00 am
" The issue raised on appeal is whether Supreme Court properly struck respondent's unverified answer (see Matter of Atwood v Pridgen, 142 AD3d 1278, 1279 [4th Dept 2016], lv denied 28 NY3d 945 [2016]).Petitioners failed to reject respondent's answer and deem it a nullity based upon the lack of a verification (see CPLR 3022). [read post]
13 May 2024, 8:55 pm
In Students for Fair Admissions v. [read post]