Search for: "State v. Klein" Results 361 - 380 of 809
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4 Feb 2020, 9:58 am by Steve Gottlieb
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 by Alex Potcovaru
Chesney and Steve Vladeck posted the latest episode of the National Security Law podcast in which they cover Salim v. [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 by Eric Goldman
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]
12 Apr 2019, 4:00 am by Edith Roberts
” At Rewire.News, Jessica Mason Pieklo writes that the petitioners in Klein v. [read post]
11 Apr 2019, 4:02 pm by Cindy Cohn
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]
29 Jul 2010, 10:44 pm by Buckley & Klein
” This decision is at odds with the Ninth Circuit’s holding in a previous case, Elvig v. [read post]
10 Jun 2019, 8:56 am by Amy Howe
The justices once again did not act on Klein v. [read post]