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20 Jul 2007, 6:23 am
Twombly, 127 S.Ct. 1955, 1974 (2007) (stating that the plaintiff must plead "enough facts to state a claim to relief that is plausible on its face"); Cress v. [read post]
28 May 2014, 4:43 am by David DePaolo
Most state systems allow settlement of claims via some full release mechanism.In 2011 reform legislation allowed injured workers 55 and older to enter structured settlements, which the Department of Labor & Industries through its Board of Industrial Insurance Appeals would oversee to make sure that such settlements were adequate.Next year the age limitation decreases to 50.The Washington State FlagEarlier this month the Washington state Court of Appeals ruled in BIIA… [read post]
22 Apr 2013, 2:15 pm by Steven Hansen
Cadei issued a preliminary injunction requiring OEHHA to delist the chemical in American Chemistry Council v Office of Environmental Health Hazard Assessment, et al., Sacramento County case number 34-2013-00140720, pending final resolution of the case. [read post]
28 Aug 2023, 5:30 am by Public Employment Law Press
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit… [read post]
14 Apr 2021, 5:54 am by Second Circuit Civil Rights Blog
And, there is no prejudice to the state in this case as a result of plaintiff's failure to comply with the court's rules, as the delay did not increase the likelihood that evidence favorable to the state in this case would have been lost because of the delay. [read post]
22 Mar 2015, 5:49 am
"Danger invites rescue"  Justice Cardozo famously wrote in 1926 in Wagner v. [read post]