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8 Oct 2009, 11:02 am
Additionally, confidentiality agreements met a similar fate, despite the fact they are not true restraints of trade. [read post]
29 Aug 2011, 2:31 am by Andrew Lavoott Bluestone
Accordingly, plaintiff's proposed amended complaint sufficiently states a claim for legal [*2]malpractice (Deitz v Kelleher & Flink, 232 AD2d 943 [1996]; see also Tenzer, Greenblatt, Fallon & Kaplan v Ellenberg, 199 AD2d 45 [1993]). [read post]
6 Aug 2018, 3:14 am by Andrew Lavoott Bluestone
On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must accept the facts alleged in the pleading 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 Goshen v Mutual Life Ins. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
11 Dec 2020, 9:07 pm
And in turn, that invalidity taints the vote in the Electoral College, by mingling invalid votes with valid ones.As Justice Marshall famously stated in Marbury v. [read post]
9 Dec 2008, 9:37 am
” Defendants’ use of “Imagine” is similar to the use at issue in a recent decision of the United States Court of Appeals for the Second Circuit in which fair use was found, Blanch v. [read post]
21 Jun 2014, 2:06 pm by Eric Goldman
Roberts * Employee Terminated for Facebook Message Fails to State Public Policy Claim — Barnett v. [read post]
6 Mar 2011, 11:53 pm by Mac
” – Chief Justice Roberts Last Wednesday, the Supreme Court of the United States handed down its decision in Snyder v. [read post]