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4 Apr 2022, 3:58 am by Andrew Lavoott Bluestone
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the complaint a liberal construction, accept all facts as alleged in the complaint to be 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 Leon v Martinez, 84 NY2d 83, 87). [read post]
15 Aug 2016, 11:03 am by Earl Drott
Related Blog Post Texas Court Holds that Trucker’s Employer is Possible “Responsible Third Party” in Product Liability Suit Arising from Truck Braking System – In re Volvo Group North America Texas Court Dismisses Widower’s Claims Against Driver’s Employer Based on Negligent Entrustment and Vicarious Liability – Martinez v. [read post]
15 Mar 2010, 12:14 pm by Hunton & Williams LLP
“We applaud DHS for recognizing that remittances represent a powerful microeconomic tool for Haiti’s economic recovery,” said Wally Martinez, Managing Partner at Hunton & Williams. [read post]
20 Mar 2017, 7:06 am by Robert Kraft
About the author: Percy Martinez is a personal injury lawyer with over 20 years’ experience practicing in the state of Florida. [read post]
3 Jan 2022, 5:28 am by Andrew Lavoott Bluestone
” “The complaint, as augmented by the affidavit of Singh submitted in opposition to the defendants’ motion to dismiss, sufficiently stated a cause of action for legal malpractice (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88; Doe v Ascend Charter Schs., 181 AD3d 648, 649-650). [read post]
30 Jul 2009, 9:20 am
Three weeks ago, when Senator Martinez (R-Fla) posed this question to Defense Department General Counsel Jeh Johnson, Johnson responded that the U.S. could invoke the 2001 Authorization for Use of Military Force to continue to hold detainees after they were acquitted. [read post]
4 Aug 2009, 9:53 am
A roadblock for general crime control was prohibited by Edmond; but a roadblock for specific purposes, such as sobriety in Sitz, or securing the border in Martinez-Fuerte, was permitted. [read post]
12 Nov 2007, 1:51 am
Indeed, one of the "DC9 airliner was also used, without reimbursement, during the first-time Senatorial campaign of Florida Republican Senator Mel Martinez, who until recently was President George W Bush's handpicked chairman of the national Republican Party. [read post]
17 Nov 2011, 11:32 am by Jim Walker
  "All parasailing shore excursions in the Caribbean have been cancelled indefinitely, pending the outcome of the investigation," said Celebrity Cruises spokeswoman Cynthia Martinez. [read post]
16 Oct 2008, 10:43 am
  Therefore, ASES expects the insurance market in El Salvador to continue to grow this year at a rate of 5-6%.In Paraguay, the director of the Superintendencia de Seguros, Diego Martinez, recently stated that he believes the global financial crisis will have little impact on the Paraguayan insurance market because Paraguayan insurers hold very limited amounts of foreign assets. [read post]
14 Jul 2023, 6:30 am by Terry Hart
.'” Shein Named in Copyright, Racketeering Lawsuit Over Alleged Infringement Scheme — “According to the complaint that they filed in a California federal court on Tuesday, independent designers Krista Perry, Larissa Martinez, and Jay Baron claim that Shein and various related entities, including Roadget Business and Zoetop Business, (collectively, ‘Shein’) are on the hook for copyright and trademark infringement in connection with their practice of… [read post]
17 Jul 2021, 7:31 am by Eric Goldman
Winn-Dixie Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. [read post]
14 Oct 2020, 11:26 am by Nassiri Law
Martinez filed on behalf of dozens of other farmworkers, alleging defendant failed to pay workers for rest periods. [read post]
9 Nov 2007, 8:38 am
Mark Dean Schwab, convicted in 1991 of the brutal rape-murder of Junny Rios-Martinez, is set to die in Florida State Prison on Thursday. [read post]
4 Aug 2011, 8:26 pm by Donna Eng
  The Governor continues to sign death warrants, stating that Judge Martinez’s decision in Evans is not binding. [read post]
22 Mar 2023, 6:21 pm by Stephen E. Sachs
To second an important point made in Dean Martinez's new letter (discussed in David Bernstein's post below): law schools, like other institutions, sometimes have good moral reasons to stay silent on important moral questions. [read post]
23 Mar 2016, 10:19 am by Robert C. Weill
In that suit, Santiago alleged that at the time of the accident, Iberia and Antonio Martinez-Marmol owned the property and that the property was conveyed to Mauna three months after the accident. [read post]