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14 Apr 2008, 3:34 am
Contrary to the dissent's conclusion, we need only determine that American has a cause of action, not whether it has stated one (see Leon, 84 NY2d at 88; Guggenheimer v Ginzburg, 43 NY2d 268, 275, 372 N.E.2d 17, 401 N.Y.S.2d 182). [read post]
6 Jan 2009, 7:06 pm
The relevant standard, if you're interested, can be found in State v. [read post]
25 Apr 2007, 1:48 am
(See, for example, arts. 36-40 of the Convention on the Rights of the Child, of which the United States is virtually the only non-state-party, and also my Calling Children to Account: The Proposal for a Juvenile Chamber in the Special Court for Sierra Leone, 29 Pepperdine L. [read post]
21 Apr 2024, 7:44 am by Just Security
by Joana de Andrade Pacheco (@_JoanaPacheco) United Nations – Srebrenica Genocide Critical UN Move: Draft Resolution Confronts Genocide Denial in the Balkans by Leon Hartwell (@LeonHartwell) and Hikmet Karčić (@hikmet_karcic) Podcast: Presidential Immunity The Just Security Podcast: United States v. [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
15 Nov 2008, 9:10 am
These allegations, which must be accepted as true on a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87), are sufficient to state a cause of action (see NWE Corp v Atomic Risk Management, 25 AD3d 349 [1st Dept 2006]). [read post]
26 Dec 2013, 4:39 am by Amy Howe
” At MSNBC, Adam Serwer discusses the influence that Justice Sonia Sotomayor’s concurring opinion in United States v. [read post]
10 Aug 2006, 7:46 pm
" Latest Decisions The Special Court for Sierra Leone (SCSL) Court Schedule Court Summary, Week Ended 4 August 2006 Case Resources: The Civil Defence Forces (CDF) Accused The Revolutionary United Front (RUF) Accused The Armed Forces Revolutionary Council (ARFC) Accused Prosecutor v. [read post]