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21 Nov 2016, 9:14 am by David Post
It instructs fact-finders, as the Court put it in Taylor v. [read post]
18 Apr 2007, 6:27 am
The true ground for the decision in Gonzales v. [read post]
11 Apr 2007, 1:10 am
DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKContracts'True-Up' Provision Does Not Derive From Federal Law; Case Is Remanded Verizon New York Inc. v. [read post]
7 Jun 2021, 5:14 am by Andrew Lavoott Bluestone
Here, accepting as true the facts alleged in the complaint, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint failed to sufficiently allege a failure by the defendants to exercise the ordinary skill and knowledge commonly possessed by a member of the legal profession and that any breach of such duty proximately caused damages (see Cali v Maio, 189 AD3d 1337). [read post]
23 Mar 2014, 9:15 am
The propositions agreed to through such bargaining or negotiation are therefore treated “as if true” for the purposes at hand, so as to come to a resolution, arrive at a decision, determine this or that course of coordinated action. [read post]
14 Dec 2018, 4:05 pm by INFORRM
There was a need for clarity and precision when raising the defence of honest opinion, Foley v Lord Ashcroft ([2012] EWCA Civ 423) followed. [read post]
21 May 2012, 2:38 pm
  Don't forget that what's true for a five percent liable entity is equally true for an entity that's one hundred percent liable. [read post]
28 Jan 2011, 1:30 pm
  Because, as one might predict, the panel bores in on this central question, and here's what transpires:  "It is true that, at oral argument, counsel for Macy’s asserted that it had rebutted the presumption of copyright validity. [read post]