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22 Aug 2022, 3:45 am by Andrew Lavoott Bluestone
Where, as here, the defendants submitted evidentiary material in support of that branch of their cross motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint, the criterion becomes whether the plaintiff has a cause of action, not whether one is stated (see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 845). [read post]
21 Aug 2022, 9:01 pm by Lina M. Khan
Trade Comm’n, Equifax to Pay $575 Million as Part of Settlement with FTC, CFPB, and States Related to 2017 Data Breach (July 22, 2019), https://www.ftc.gov/news-events/news/press- releases/2019/07/equifax-pay-575-million-part-settlement-ftc-cfpb-states-related-2017-data-breach. [read post]
21 Aug 2022, 10:20 am by Giles Peaker
He stated that he did not consent to Ms Bullale (sic.) other daughters residing in the property. [read post]
21 Aug 2022, 9:10 am by Ilya Somin
  For example, a clear statement is needed before a statute is read to interfere with a state's internal governance (Gregory v. [read post]
21 Aug 2022, 12:35 am by Frank Cranmer
And finally…II Per Julian Knowles J in Al-Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199 (QB) at [195]: “There are shades of Mandy Rice-Davies in this explanation — ‘they would say that, wouldn’t they? [read post]
19 Aug 2022, 4:50 pm by McKennon Law Group
The de novo standard of review is the “default” national standard, and it has been since 1989, when the United States Supreme Court held (in Firestone Tire & Rubber Co. v. [read post]
19 Aug 2022, 3:23 pm by Eugene Volokh
But Kansas law has rejected this principle as a matter of state law, see Gobin v. [read post]
19 Aug 2022, 1:30 pm by Eugene Volokh
The Supreme Court has vacated the judgment of this Court and remanded this case to us "for further consideration in light of New York State Rifle & Pistol Association v. [read post]
19 Aug 2022, 6:34 am by Doyle Hodges
While not directly comparable, this is similar to the position affirmed by the Court in Gillette v. [read post]
19 Aug 2022, 4:42 am by Andrew Lavoott Bluestone
” “Here, accepting all facts as alleged in the amended complaint to be true and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88), the amended complaint failed to state a legal malpractice cause of action. [read post]