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27 Oct 2020, 12:43 pm by Jonathan DeFosse
” Twombly and Iqbal In Twombly and Iqbal, the Supreme Court held that a complaint must include factual allegations that, if accepted as true, state a claim to relief that is plausible on its face. [read post]
10 Apr 2015, 12:40 pm by Stephen Bilkis
The Court is not unmindful that this analysis appears to be at odds with the Court of Appeals decision in People v Rodriguez (68 NY2d 674 [1986], revg for reasons stated in dissenting opn of Lazer, J., 113 AD2d 337, 343-348 [2d Dept 1985]). [read post]
24 Jul 2012, 2:33 am by Andrew Lavoott Bluestone
Wortman states in his February 17, 2012 affidavit that "I am entitled to the quantum meruit  value of my services In the Cheng v. [read post]
5 Jun 2016, 1:45 am by INFORRM
He replied to the claimants’ letter before action in January 2015 stating that he wanted to “take the opportunity to clear up any misunderstanding“. [read post]
15 Dec 2014, 2:48 pm
Arkinson, in which a unanimous SCOTUS assured us that if a bankruptcy court is confronted with a state law issue masquerading as a “core” issue—such as, in this case, a fraudulent transfer lawsuit—that invokes the specter of Stern v. [read post]