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2 Dec 2013, 4:47 am
   So, if for example, John Doe sues Mary Smith claiming she published a blog post that libeled him, Mary Smith can file a Rule 12(b)(6) motion to dismiss pointing out (if this is true) that Doe’s complaint (his statement of his claim) does not plead one of the essential elements of libel, which is that the statements were false. [read post]
6 May 2019, 12:05 pm by John Elwood
Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status. [read post]
25 Apr 2011, 3:33 am by Russ Bensing
And last week in Harris v. [read post]
12 Apr 2010, 4:10 am by Howard Friedman
LEXIS 32500 (ND NY, March 16, 2010), a New York federal magistrate judge rejected an inmate's claim that a strip frisk after a Catholic Family Day event deterred him from attending other Catholic religious services.In Smith v. [read post]
15 May 2013, 7:48 am by Conor McEvily
At this blog, Ronald Mann reports on Monday’s decision in Bowman v. [read post]
14 Apr 2011, 1:00 am by Andrew Lavoott Bluestone
" (Tolisano v Texon, 144 AD2d 267, 271 [1st Dept 1988, Smith, J., dissenting] [citing Newin], revd for reasons stated in dissent 75 NY2d 732 [1989].) [read post]
31 Jan 2011, 3:01 am by INFORRM
The Court of Appeal today handed down judgment in the case of JIH v News Group Newspapers Ltd ([2011] EWCA Civ 42). [read post]