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14 Dec 2021, 4:00 am by Amy Salyzyn
It is true that when a court requires a lawyer to use certain pronouns or titles when addressing someone else, the court is asserting a degree of control over that lawyer’s speech. [read post]
13 Dec 2021, 4:30 pm by INFORRM
The cost problem was starkly illustrated earlier this year in Webb v Jones [2021] EWHC 1618 (QB). [read post]
13 Dec 2021, 12:18 pm by familoo
You can read the judgments at first instance, in the High Court (Tickle v Griffiths [2021] EWHC 3365 (Fam)) and from the Court of Appeal (Griffiths v Tickle [2021] EWCA Civ 1882) here. [read post]
13 Dec 2021, 3:06 am by Andrew Lavoott Bluestone
“In determining a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the 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” (Leon v Martinez, 84 NY2d 83, 87-88; see Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1506). [read post]
12 Dec 2021, 1:09 pm by Dennis Crouch
And even if viewed as a regulation of purely commercial speech – and therefore not subject to strict scrutiny – the restriction would at least have to pass muster under the Supreme Court’s test in Central Hudson Gas & Electric Corp. v. [read post]
10 Dec 2021, 5:01 pm by Ilya Somin
But that obviously isn't true of sheriffs and other officials who enforcement judgments after a case is over. [read post]
10 Dec 2021, 5:35 am by Andrew Lavoott Bluestone
Accepting plaintiff’s allegations that defendant acted as her personal attorney as true, as is required on a motion to dismiss, the Court properly denied defendant’s motion to dismiss the complaint based upon a mutual release. [read post]