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25 May 2008, 8:18 pm
These are the often cited cases lawyers use when defending sex offenders on their issues. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as 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; Bumpus v New York City Tr. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as 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; Bumpus v New York City Tr. [read post]
11 Nov 2009, 8:10 am
Martinez for so long â€" an unusual two months â€" without either granting or denying review. [read post]
17 Apr 2023, 5:16 am by Scott Bomboy
In 2011, the state Supreme Court of Washington ruled in State v. [read post]
14 Sep 2016, 6:34 am
The Court of Appeals in the present case relied on the analysis used by the Second and Ninth Circuits as articulated in United States v. [read post]
28 Jun 2010, 7:13 am by Jonathan H. Adler
  For the rest of us, here’s what I can tell you: The Supreme Court holds in McDonald v. [read post]
26 Mar 2013, 9:35 am by Daniel E. Cummins
  With regards to design defect claims, since approximately 1984, the Pennsylvania courts have used a risk-utility analysis to initially determine, as a matter of law, whether a product may be considered by the jury to be defective. [read post]