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12 May 2023, 2:01 pm by Jon Katz
When a person is prosecuted for violating Virginia battery law, what re some common defenses that might win if provable as true? [read post]
28 Aug 2023, 5:30 am by Public Employment Law Press
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any… [read post]
24 Apr 2023, 6:00 am by Public Employment Law Press
Citing Matter of Brown v Velez, 153 AD3d 517, the Appellate Division observed that at an administrative expungement hearing to determine whether a report of child abuse or maltreatment is substantiated, the allegations in the report must be established "by a preponderance of the evidence"*. [read post]
5 Dec 2017, 11:35 am by Liisa Speaker
The facts alleged in the motion, if true, would constitute proper cause or change in circumstances. [read post]
11 Jan 2016, 9:11 am
 Many, many years ago he was told (by a solicitor, so it must be true, he thought) that an assignment not executed as a deed had to fulfil the requirement of contract law for consideration, and that therefore consideration was required. [read post]
13 Dec 2016, 7:00 am by The Public Employment Law Press
" The Appellate Division ruled that “accepting the allegations in the complaint as true, affording [Pall] the benefit of every favorable inference, and considering the evidentiary material submitted by the parties,” Pall did not have a cause of action to recover damages for defamation as the context of the alleged statement was such that a reasonable reader would have concluded that he or she was reading an opinion, and not a fact, about Pall.Addressing Pall’s claims… [read post]
19 Jul 2023, 11:50 pm
   (California Court of Appeal, June 30, 2023, Wong v. [read post]