Search for: "A Just Cause v. Martinez" Results 21 - 40 of 212
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27 Jun 2022, 1:32 pm by Shaw Drake
In 1976, the Supreme Court decided in U.S. v Martinez-Fuerte that Border Patrol may operate checkpoints and stop vehicles, without a warrant, for brief questioning of their immigration status even if they have no particularized suspicion of unlawful activity or immigration status. [read post]
6 May 2022, 4:12 am by Andrew Lavoott Bluestone
“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
14 Apr 2022, 1:14 am by Orin S. Kerr
Martinez indicates through its various opinions that the Miranda violation is complete when a statement is wrongly admitted in violation of Miranda's rules; Dickerson v. [read post]
4 Apr 2022, 3:58 am by Andrew Lavoott Bluestone
Here, the plaintiff failed to state causes of action sounding in breach of contract, legal malpractice, breach of fiduciary duty, and fraud, as she failed to adequately allege the element of [*2]damages with respect to each of those causes of action (see Denisco v Uysal, 195 AD3d 989; McSpedon v Levine, 158 AD3d 618, 621; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848; Smith v Chase Manhattan Bank, USA, 293 AD2d 598,… [read post]
3 Dec 2021, 3:45 am by SHG
A 2012 Supreme Court case, Martinez v. [read post]
15 Nov 2021, 3:30 am by Andrew Lavoott Bluestone
On a motion to dismiss a cause of action pursuant to CPLR 3211(a), the court must accept the facts as 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 cognizable legal theory (see CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
27 Jun 2020, 5:11 am by Andrew Delaney
Petitioner wanted SCOV to follow the lead of the Big Court in Martinez v. [read post]
16 Feb 2020, 11:31 pm by Orin S. Kerr
  The Facts I'll present a simplified version of the facts just to focus on the cross-enforcement question. [read post]