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21 Jun 2021, 8:03 am
If it does, the next step is gathering the evidence to support the claim. [read post]
21 Jun 2021, 7:59 am
In August 2007, the plaintiff and the defendant allegedly entered into an oral agreement establishing a general partnership to own, manage, and maintain real estate and, in [*2]furtherance of that agreement, jointly held title to two properties in Port Chester. [read post]
21 Jun 2021, 6:36 am
Appeal from order, same court and Justice, entered on or about March 2, 2021, which granted defendants’ motion to dismiss the complaint alleging causes of action for breach of fiduciary duty and aiding and abetting breach of fiduciary duty, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. [read post]
21 Jun 2021, 2:18 am
This law was enacted after only two reading rather than normal three demonstrating China’s urgent need to defend itself against a growing risk of foreign hostile measures. 2. [read post]
20 Jun 2021, 7:37 am
Indeed, the plaintiff’s fraud theory really does not make much sense; why would the defendants set out to deceive investors in February if they were just going to have to fess up later? [read post]
20 Jun 2021, 6:35 am
The Florida Supreme Court held it does create a private statutory cause of action for violations sounding in negligence, but not for “statutory indemnity”: (1) that the Underground Facility Damage Prevention and Safety Act creates a standalone cause of action; (2) that the cause of action sounds in negligence; (3) that liability under the Act is subject to proof of proximate causation [i.e. [read post]
19 Jun 2021, 4:11 pm
” The Court concluded: In sum, the Ordinance does not regulate the purposes for which land can be used, lacks geographic comprehensiveness, impacts each site differently in order to preserve and ensure the historic character of building exteriors, and does not adopt the enforcement and penalty provisions characteristic of a zoning ordinance. [read post]
19 Jun 2021, 9:17 am
FTC * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?) [read post]
18 Jun 2021, 7:10 am
For example, courts generally hold that Section 230 immunity does not apply where (1) the defendant created or developed the challenged content in some material way; (2) the claim does not treat the online service as the publisher or speaker of the challenged content; or (3) the claim falls into one of Section 230’s five exemptions. [read post]
18 Jun 2021, 6:30 am
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
18 Jun 2021, 2:58 am
(the actionability question); (2) What are the risks of harm to the claimant against which the law imposes on the defendant a duty to take care? [read post]
17 Jun 2021, 8:23 pm
III, §2. [read post]
17 Jun 2021, 4:18 pm
And it does not engage the Alito opinion at all. [read post]
17 Jun 2021, 2:23 pm
., Case No. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. [read post]
17 Jun 2021, 2:23 pm
(2) Substantial Threat of Irreparable Harm. [read post]
17 Jun 2021, 2:23 pm
., Case No. 2:21-cv-00778-TAD-KK, 2021 WL 2154963 (W.D. [read post]
17 Jun 2021, 8:51 am
Instead, by a vote of 7-2, the justices ruled that neither the states nor the individuals challenging the law have a legal right to sue, known as standing. [read post]
17 Jun 2021, 7:30 am
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
17 Jun 2021, 7:05 am
Post, at 1–2. [read post]
