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22 Jan 2008, 11:28 am
Sullivan, No. 06-2680 I"n a suit under 42 U.S.C. section 1983 alleging that the dissolution of a municipal board for failure to achieve the required state certification violated plaintiff's First and Fourteenth Amendment rights, dismissal for failure to state a claim is affirmed where: 1) plaintiff did not allege sufficient well-pleaded facts to demonstrate that defendants directly caused the board's decertification or, if one defendant indirectly caused the… [read post]
23 May 2017, 9:30 am
First, Rosenstein’s unilateral decision to impose a “good cause” standard of removal for the special counsel does not necessarily bind his successors. [read post]
18 Jun 2018, 11:34 am
That’s an easy one, and Collyer’s opinion opens by dropping President Trump as a defendant. [read post]
16 Nov 2017, 8:25 pm
I acknowledge that once I post my report, it will not be removed, even at my request. [read post]
28 Mar 2016, 3:28 am
While “[t]he Limited Liability Company Law does not expressly authorize a buyout in a dissolution proceeding'” (Mizrahi v Cohen, 104 AD3d 917, 920, quoting Matter of Superior Vending, LLC [Tal-Plotkin], 71 AD3d 1153, 1154), “in certain circumstances, a buyout may be an appropriate equitable remedy upon the dissolution of an LLC” (Mizrahi v Cohen, 104 AD3d at 920 [emphasis added]). [read post]
28 Mar 2016, 3:28 am
While “[t]he Limited Liability Company Law does not expressly authorize a buyout in a dissolution proceeding'” (Mizrahi v Cohen, 104 AD3d 917, 920, quoting Matter of Superior Vending, LLC [Tal-Plotkin], 71 AD3d 1153, 1154), “in certain circumstances, a buyout may be an appropriate equitable remedy upon the dissolution of an LLC” (Mizrahi v Cohen, 104 AD3d at 920 [emphasis added]). [read post]
28 Mar 2016, 3:28 am
While “[t]he Limited Liability Company Law does not expressly authorize a buyout in a dissolution proceeding'” (Mizrahi v Cohen, 104 AD3d 917, 920, quoting Matter of Superior Vending, LLC [Tal-Plotkin], 71 AD3d 1153, 1154), “in certain circumstances, a buyout may be an appropriate equitable remedy upon the dissolution of an LLC” (Mizrahi v Cohen, 104 AD3d at 920 [emphasis added]). [read post]
30 Sep 2019, 5:02 am
From Goldman v. [read post]
12 Oct 2011, 11:28 am
[State v. [read post]
20 Dec 2017, 4:00 am
Blackman cites the 1926 case of Myers v. [read post]
17 Feb 2014, 7:45 am
All that said, I did come across a passage in Martinez v. [read post]
13 Nov 2007, 7:41 am
Under the objective theory of contract, " 'intent does not invite a tour through [a party's] cranium, with [the party] as the guide.' " Id. [read post]
1 Aug 2013, 9:01 pm
Supreme Court recently declined to grant review in the very interesting case of Saint John’s Church in the Wilderness v. [read post]
30 Aug 2014, 10:44 am
(The Ninth Circuit reached a similar conclusion in the Doe v. [read post]
18 Dec 2008, 6:06 am
Since the Defendants ‘beat’ their formal offer the Court ordered that the Plaintiff pay all of the Defendants Tariff costs from the date of the formal offer through to trial. [read post]
14 May 2007, 8:10 pm
Virginia and Johnson v. [read post]
5 Jun 2020, 2:27 pm
"); with Doe v. [read post]
20 Jul 2015, 8:01 am
Rule 16(a)(6) is a catchall clause that requires the government to “[a]dvise the defendant’s attorney of evidence favorable to the defendant and material to the defendant’s guilt or punishment to which defendant is entitled pursuant to Brady and United States v. [read post]
16 Oct 2012, 8:08 am
(Ed. note: in going through my recent posts in preparation for the upcoming bench/bar, I just realized that I never took this post off "draft". [read post]
