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17 Nov 2011, 3:11 am
On a motion to dismiss pursuant to CPLR 3211(a)(7) 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 inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
18 Nov 2010, 1:49 am
On a motion to dismiss pursuant to CPLR 3211(a)(7) 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 inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
13 Oct 2023, 12:12 pm
Loper Bright Enterprises v. [read post]
23 Apr 2014, 11:56 am
It's equally, if not more, true for appellate justices. [read post]
13 Jan 2014, 2:50 pm
Because everyone -- everyone -- wants extra time if they can get it.As a result, we've got to separate the "true" disability claims from the "false" ones. [read post]
15 Sep 2020, 11:28 am
And, parenthetically, that's true even if I got a thing that's worth $30 (as I likely did). [read post]
22 May 2015, 2:02 pm
For everyone.It's true that such a result stops Ms. [read post]
29 Aug 2013, 12:24 pm
What I said is true whether you're a dealer, a user or just a guy on the street. [read post]
27 Mar 2017, 12:40 pm
The same's true for an airbag or car or stick of dynamite. [read post]
16 Nov 2014, 7:38 pm
Lee v. [read post]
15 Apr 2014, 12:55 pm
Anthony List v. [read post]
20 Sep 2011, 7:19 am
By Eric Goldman Ground Zero Museum Workshop v. [read post]
20 Jul 2023, 5:01 am
From Commonwealth v. [read post]
7 Dec 2009, 5:10 am
Germany v. [read post]
18 May 2008, 7:49 am
State v. [read post]
14 Mar 2011, 8:56 am
Cert Petition, Guggenheim v. [read post]
29 Mar 2012, 5:44 am
People v. [read post]
2 Nov 2009, 2:21 pm
And, according to the 7th Circuit, it is undisputed in Jones v. [read post]
9 Sep 2021, 2:42 pm
Indeed, it isn't true that women cannot vindicate their interests. [read post]
27 Jun 2012, 7:57 pm
" The same would be true of tweets.) [read post]
