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27 May 2013, 10:02 am by The Charge
 That ruling avers that despite the requirement of the state to prove every element of an offense beyond a reasonable doubt, if a challenge to an element of the offense was not "firmly rooted" in state law, the state can bar such a defense without offending due process of law. [read post]
15 Apr 2013, 3:40 am by Peter Mahler
”  The decision in Born to Build LLC v. 1141 Realty LLC, 2013 NY Slip Op 02193 (1st Dept Apr. 2, 2013), goes on to state: The affidavits at issue here [submitted by BTB] do little more than assert that the affiants were told by Ibrahim Saleh, a former manager of 1141 Realty, that he was actually an owner, and the petition makes assertions premised only upon information and belief. [read post]
25 Feb 2016, 12:45 am by INFORRM
Defamation In relation to defamation, the content of URL2 was clearly defamatory and the plaintiff averred that at least 4000 viewers downloaded URL2 after notification. [read post]
11 Dec 2018, 9:01 pm by Michael C. Dorf
As the Supreme Court explained in the 1852 case of Moore v. [read post]
15 Jul 2024, 4:50 am by Andrew Lavoott Bluestone
In response to Aihong You’s motion, Plaintiffs aver that the allegations meet the burden to survive a motion to dismiss because Plaintiffs need to only plead facts that permit the inference of causation and need not to establish causation (NYSCEF # 61 at 5; [citing Voluto Ventures, LLC v Jenkens & Gilchrist Chapin LLP, 46 AD3d 354, 355 [1st Dept 2007]). [read post]
1 Mar 2011, 11:10 pm by V.D.RAO
Now, as we have stated earlier, in determining whether such a plea has to be accepted, the Plaint as a whole has to be read. [read post]