Search for: "KLEIN V. STATE"
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29 Dec 2017, 6:00 am
United States. [read post]
4 Feb 2020, 9:58 am
So fat chance fixing the Constitution, whether by amendment or a convention as spelled out in Article V of the Constitution. [read post]
12 Aug 2017, 3:27 am
Chesney and Steve Vladeck posted the latest episode of the National Security Law podcast in which they cover Salim v. [read post]
6 Apr 2012, 2:50 am
Fire, on the other hand (see Nelson v Roth, 69 AD3d at 913; Rovello v Klein, 304 AD2d at 638-639). [read post]
1 Sep 2009, 4:39 am
Reading like a thriller, first the court denies dismissal on documentary grounds by the unusual reasoning: "On a motion to dismiss based upon documentary evidence, dismissal is only warranted if the documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter of law" (Klein v Gutman, 12 AD3d 417, 418 [2004]; CPLR 3211 [a] [1]; see also Saxony Ice Co., Div. of Springfield Ice Co., Inc. v… [read post]
15 Dec 2021, 1:31 pm
As a double-insult, 512(f) preempts related state law claims over abusive takedown notices, so it actually leaves victims worse off than if 512(f) didn’t exist by clearing out the field. [read post]
12 Jun 2009, 4:23 am
Moreover, where "evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the court must determine whether the plaintiff has a cause of action, not whether the plaintiff has stated one" (Steve Elliot, LLC v Teplitsky, 59 AD3d 523, 524, citing Guggenheimer v Ginzburg, 43 NY2d 268, 275). [read post]
10 May 2017, 9:22 am
Madison to Batson v. [read post]
10 May 2017, 9:22 am
Madison to Batson v. [read post]
6 Apr 2011, 6:08 am
Klein, 2011 U.S. [read post]
12 Apr 2019, 4:00 am
” At Rewire.News, Jessica Mason Pieklo writes that the petitioners in Klein v. [read post]
4 Jun 2010, 11:46 am
ITC, (2009-1338, -1369), and General Protecht Group v. [read post]
14 Aug 2013, 7:30 am
The court also noted Mangone v Klein, a decision by a State Supreme Court justice in which the court, relying of Dowrie, denied DOE's motion to dismiss the educator’s petition seeking to set aside his unsatisfactory rating upon finding that there was nothing in the teacher's personnel file other than a disciplinary letter that had been ordered to be removed following arbitration related to the allegations against him. [read post]
31 Oct 2017, 9:29 am
It turns out that there is an ancient rule, dating to an 1872 case called United States v. [read post]
2 Jun 2008, 12:53 am
Klein and Nicholas J. [read post]
11 Apr 2019, 4:02 pm
District Court of Appeals for the Ninth Circuit, Fazaga v FBI, which flatly rejected the application of the state secret privilege in electronic surveillance cases. [read post]
22 Sep 2017, 6:40 am
Coty Inc. v. [read post]
29 Jul 2010, 10:44 pm
” This decision is at odds with the Ninth Circuit’s holding in a previous case, Elvig v. [read post]
14 Sep 2021, 6:43 am
Supreme Court’s recent decision in Facebook v. [read post]
10 Jun 2019, 8:56 am
The justices once again did not act on Klein v. [read post]
