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5 Apr 2018, 1:57 pm by Quinta Jurecic
Circuit heard oral argument in Doe v. [read post]
1 Apr 2010, 3:26 am
As the court wrote in its order, "Under defendants' theory, executive branch officials may treat FISA as optional and freely employ the SSP [state secrets privilege] to evade FISA, a statute enacted specifically to rein in and create a judicial check for executive branch abuses of surveillance authority. [read post]
22 Jun 2012, 3:19 am by Andrew Lavoott Bluestone
A motion to dismiss a complaint pursuant to CPLR 3211(a)(1) may be granted only if the documentary evidence submitted by the moving party "utterly refutes the factual allegations of the complaint and conclusively establishes a defense to the claims as a matter of law" (Kopelowitz & Co., Inc. v Mann, 83 AD3d 793, 796; Fontanetta v John Doe 1, 73 AD3d 78, 83). [read post]
18 Oct 2021, 11:35 am by Jonathan Shaub
Moreover, waiving the privilege may be perceived to acknowledge that executive privilege has any application to Bannon at all, something Biden may be loathe to do. [read post]
14 Nov 2008, 3:41 pm
    The decision stems from a case where branch manager Don Delamont arranged the mass departure of virtually the entire branch staff, and as a result, a large volume of the branch's client base. [read post]
2 Dec 2024, 5:44 am by Andrew Lavoott Bluestone
The plaintiffs’ claims regarding the consequences and damages flowing from the defendants’ alleged failure to request that a title company provide a title report by a certain date are conclusory and speculative (see May Dock Lane, LLC v Harras Bloom & Archer, LLP, 222 AD3d at 637; 126 Main St., LLC v Kriegsman, 218 AD3d 524, 525; Sierra Holdings, LLC v Phillips, Weiner, Quinn, Artura & Cox, 112 AD3d 909, 910). [read post]