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30 Sep 2022, 5:56 am by Second Circuit Civil Rights Blog
The dissenting judge says the courts or Congress should do away with qualified immunity altogether.The case is McKinney v. [read post]
19 Apr 2016, 2:55 pm by Joel O'Malley
” The Sixth Circuit Court of Appeals recently issued a decision, Orthofix, Inc. v. [read post]
6 Dec 2024, 5:54 am by Adam Klasfeld
” Then, the brief finally shifts its focus to the immunity question, which leans on the Supreme Court’s opinion in Trump v. [read post]
7 Sep 2021, 5:20 am by Michael C. Dorf
But even using something like the Court's premises, the bounty hunters (in Justice Sotomayor's phrase) who enforce S.B. 8 should be understood as state actors because, suffering no personal injury themselves, they stand in the shoes of the state. [read post]
16 Aug 2012, 2:20 am by Caitlin Stickler, Olswang LLP
” (Jacob LJ in Mastercigars Direct Ltd v Hunters & Frankau Ltd (2007)) However, as the Supreme Court acknowledges, whilst this policy might be economically controversial, it is legally well-established. [read post]
17 Feb 2010, 3:29 am by Andrew Lavoott Bluestone
Contrary to petitioners' contention, however, the petition fails to state a cause of action for fraud or constructive fraud against either HSBC or respondent law firm because it fails to make a "factually supported allegation" of misrepresentation (Pope v Saget, 29 AD3d 437, 441, lv denied 8 NY3d 803; see Simmons v Washing Equip. [read post]
23 Apr 2014, 9:00 am by Guest Blogger
Hunter referred to the case of LSUC v Joseph in detailing the inherent dangers of engaging in sexual relationships with clients. [read post]
19 Aug 2010, 12:00 am by Sex Offender Issues
Hunter's dissenting opinion, and held that STATE v. [read post]
1 Mar 2024, 6:12 am by Andrew Lavoott Bluestone
Furthermore, in the third action, plaintiff failed to state a cause of action for fraud, as he did not sufficiently allege out-of-pocket losses that stemmed from any alleged fraud, but rather, asserted only speculative losses (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 421 [1996]). [read post]