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16 Nov 2021, 7:37 am by assoulineberlowe
The attestation should include the following language: “I declare that this statement about my vaccination status is true and accurate. [read post]
15 Nov 2021, 4:26 am by Peter Mahler
Kahn III, last week handed down its decision in Kinyk v Hart, this time denying the motion on the merits. [read post]
15 Nov 2021, 3:30 am by Andrew Lavoott Bluestone
On a motion to dismiss a cause of action pursuant to CPLR 3211(a), the court must accept the facts as alleged in the complaint 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 CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
13 Nov 2021, 9:10 pm by Sophia Tang
This approach does not provide online litigation true equal footing as offline litigation, and still reflect the social psychological concern over the use of modern technology in the court room. [read post]
13 Nov 2021, 6:48 am by Michael C. Dorf
Relying on the votes of five Justices in the Supreme Court's 2012 decision in the first Affordable Care Act case, NFIB v. [read post]
12 Nov 2021, 9:52 am by Eugene Volokh
But unlike in the treatment context, these witnesses do know Plaintiff's true name and have used that name in all their previous interactions. [read post]
12 Nov 2021, 4:00 am by Public Employment Law Press
On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference" (Matter of Palmore v Board of Educ. of Hempstead Union Free Sch. [read post]