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22 Jan 2010, 5:00 am
In other words, if Martinez can show that “‘material misrepresentations were made to the class members, at least an inference of reliance [i.e., causation/injury] would arise as to the entire class. [read post]
21 Jan 2010, 12:34 pm
The “damage” Martinez alleged in this case is that, in reliance on GNC’s deceptive conduct, he bought an illegal product he would not have bought had he known it was illegal. [read post]
19 Jan 2010, 3:50 am
Although plaintiffs' evidence may be insufficient to withstand a motion for summary judgment, on an unconverted preanswer motion to dismiss, plaintiffs' allegations are accepted as true and are entitled to the benefit of every reasonable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Rovello v Orofino Realty Co., 40 NY2d 633, 634 [1976]). [read post]
18 Jan 2010, 9:24 pm
HOMEOWNERS – INSURED'S OBLIGATION TO PROTECT INSURER'S SUBROGATION RIGHTS – GENERAL BUSINESS LAW § 349 – PUNITIVE DAMAGES – ATTORNEY'S FEES – DISCOVERY Wilner v. [read post]
18 Jan 2010, 8:22 pm
For software, Ex parte Martinez (discussed here) seems to say that the software copyright date is prima facie evidence, and the burden shifts to the Applicant to prove a later date. [read post]
18 Jan 2010, 7:17 pm
On January 13, 2010, the CCA granted discretionary review in the following three cases:PD-0622-09, PD-0623-09, PD-0624-09, PD-0625-09, & PD-0626-09, Mario Rico Martinez v. [read post]
16 Jan 2010, 9:13 am
Martinez v. [read post]
16 Jan 2010, 6:08 am
At Madrid, Martinez & Associates we appreciate that our clients do not want to be waiting around all morning when they could be back at work. [read post]
16 Jan 2010, 6:08 am
At Madrid, Martinez & Associates we appreciate that our clients do not want to be waiting around all morning when they could be back at work. [read post]
16 Jan 2010, 6:08 am
At Madrid, Martinez & Associates we appreciate that our clients do not want to be waiting around all morning when they could be back at work. [read post]
Star attorneys to argue SCt case on Christian group's exclusion of gay students at public law school
14 Jan 2010, 6:41 pm
Martinez, which presents the question of whether a public university law school with a non-discrimination policy can refuse to fund a religious student group because the group requires... [read post]
14 Jan 2010, 6:33 pm
Upon review of the Husband's arguments and the well-reasoned analyses in the First District's opinions in Martinez, Janousek, and Sylvester, we conclude that a best interests determination in petitions for relocation must be made at the time of the final hearing and must be supported by competent, substantial evidence. [read post]
13 Jan 2010, 6:42 am
Aguilar-Martinez was not insured. [read post]
12 Jan 2010, 2:18 am
., Joseph Martinez, D2009-0036 (WIPO December 18, 2009), in which he awarded the domain name to the Complainant, and for which he cites no case law authority for the proposition that a geographic place name is protected. [read post]
11 Jan 2010, 8:31 am
Three-year-old Omar Martinez died in his back yard yesterday when the family's pit bull attacked him. [read post]
8 Jan 2010, 9:00 am
Alex Martinez Case 4758/09 formerly associated with the twelfth floor of 350 East 143rd Street, Mott Haven Houses, the Bronx. [read post]
7 Jan 2010, 10:33 am
(Crist, it should be noted, is also a Republican candidate for the US Senate seat formerly held by Mel Martinez.) [read post]
6 Jan 2010, 2:45 pm
A man suspected in the death of a Martinez bicyclist in November of 2008 pleaded "not guilty" to charges of hit-and-run and vehicular manslaughter. [read post]
6 Jan 2010, 12:43 pm
Jenny Martinez, Dean Martha Minow, Prof. [read post]
6 Jan 2010, 9:50 am
Another possible close one may be Democrat Rebecca Martinez's challenge to incumbent Marialyn Barnard at the Fourth Court of Appeals in in San Antonio.I'd be surprised if any of the other races in the appellate courts ended up being competitive in November. [read post]
