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5 Dec 2013, 4:00 am by The Public Employment Law Press
Chan ruled that, accepting the allegations as true for the purposes of HASA’s motion to dismiss Doe’s action, HASA’s purposeful use of masculine pronouns in addressing plaintiff, who "presented as female" and the insistence that she sign a document with her birth name despite the court-issued name change order is laden with discriminatory intent. [read post]
31 Aug 2022, 5:30 am by Public Employment Law Press
Explaining that on a motion to dismiss for failure to state a cause of action under CPLR §3211(a)(7), a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" and denied School District's appeal.* The amended complaint alleged, among other things, that the School District had prior notice of the… [read post]
25 Jun 2015, 9:40 am by Larry
That is the background to United States v. [read post]
17 Apr 2013, 5:14 pm by Mary Whisner
The publisher's page says this bookis a gripping true story of racism, murder, rape, and the law. [read post]
13 Dec 2016, 7:00 am by The Public Employment Law Press
"To state a cause of action to recover damages for defamation, a plaintiff must allege that the defendant published a false statement, without privilege or authorization, to a third party, constituting fault as judged by, at a minimum, a negligence standard, and it must either cause special harm or constitute defamation per se. [read post]
13 Jan 2014, 2:50 pm
 But if the state can't prove that fact, then the statute does indeed violate the free speech rights of the LSAC. [read post]
5 Oct 2019, 1:01 pm by Kalvis Golde
Although a state attorney general’s office has argued two cases in a given year – last term, Alaska argued Sturgeon v. [read post]