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8 Aug 2022, 5:46 am by Andrew Lavoott Bluestone
” “The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
6 May 2022, 4:12 am by Andrew Lavoott Bluestone
“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
7 Dec 2008, 9:33 pm
If we learn of any reported CCA decisions, we'll post links and synopses.This week at the trial level: We understand that military commission proceedings will occur at Guantanamo this week in the case of United States v. [read post]
28 Jun 2010, 2:11 am by Andrew Lavoott Bluestone
  in Kram Knarf, LLC v Djonovic ;2010 NY Slip Op 05464 ;Decided on June 22, 2010 ;Appellate Division, First Department we see the following explanation:   "Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we agree that the allegations that defendant attorneys negligently gave their plaintiff clients an incorrect explanation of the… [read post]
26 Jul 2023, 1:45 pm by Unknown
Torres-Martinez Desert Cahuilla Indians (Indian Civil Rights Act; Tribal Sovereign Immunity) Saginaw Chippewa Indian Tribe of Michigan v. [read post]
3 Jul 2020, 10:55 am by Daniel Cappetta
In its decision, the SJC stated “that the same due process principles that underlie our decision in [Commonwealth v. [read post]
8 Jan 2016, 2:08 pm by Douglas Berman
In his petition for review to the Supreme Court, Molina-Martinez noted that in United States v. [read post]