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"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected

11 Jun 2024, 5:00 am by Public Employment Law Press

"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Environmental & Constitutional Law Professors for Climate Rights in Montana

10 Jun 2024, 12:00 pm by Jack Garvey

In Park County Environmental Council v. [read post]

Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/

[Josh Blackman] Chief Justice Roberts and Justice Alito Secretly Recorded at the Supreme Court Historical Society

10 Jun 2024, 11:47 am by Josh Blackman

I nearly burst out laughing when she cited favorably the precedent of Lochner v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Federal Circuit Finds that a Narrowing Claim Limitation that Expressly Requires Optional Elements of a Markush Group from the Same Claim is Neither Contradictory Nor Indefinite

10 Jun 2024, 11:36 am by Luciano Alvarado

In Maxell, Ltd. v. [read post]

Intellectual Property Law Blog - http://www.intellectualpropertylawblog.com/

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development Plan EIR and People’s Park Housing Project Against Claims of Failures to Analyze Student “Social Noise” and Alternative Locations

10 Jun 2024, 8:37 am by Arthur F. Coon

Make UC A Good Neighbor v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

What Might Be a Ethics Violation is Not Always Deceit

10 Jun 2024, 3:45 am by Andrew Lavoott Bluestone

Accordingly, dismissal of the complaint for failure to state a cause of action was correct. [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

June 7, 2024: A SCOV Divided

9 Jun 2024, 9:39 am by Andrew Delaney

State v. [read post]

Supreme Court of Vermont Law Blog - http://scovlegal.blogspot.com/

Instagram Defeats Lawsuit Claiming It Was a “Breeding Ground” for Sex Traffickers–Doe v. Backpage

9 Jun 2024, 7:37 am by Eric Goldman

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

MIAMI BUSINESS LITIGATION: PUNITIVE DAMAGES FOR FRAUD

8 Jun 2024, 4:03 am by Mavrick Law Firm

Co. v. [read post]

Florida Business Litigation Lawyer Blog - https://www.mavricklaw.com/blog/

VA Supreme Court Affirms Court of Appeals Ruling Prohibiting the Imposition of New Restrictions in Covenant

7 Jun 2024, 5:55 pm by Patricia Salkin

Westrick v Dorcon Group, LLC, 2024 WL 2857912 (VA 6/9/2024) [read post]

Law of the Land - https://lawoftheland.wordpress.com/