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21 Mar 2012, 3:24 am by Andrew Lavoott Bluestone
Put in a more elegant way, the Appellate Term decided Garg v Wigler   2012 NY Slip Op 50494(U) Decided on March 20, 2012   Appellate Term, First Department: "Accepting plaintiff's allegations as true, and according them the benefit of every favorable inference, as we must in the context of a motion to dismiss on the pleadings (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we find the complaint, as amplified by plaintiff's verified… [read post]
19 Mar 2012, 12:41 pm by Sheldon Toplitt
The appeals court struck down the use of color imagery in the warnings, handing the plaintiffs a victory of sorts.United States District Court for the District of Columbia Judge Richard Leon in R.J. [read post]
19 Mar 2012, 12:41 pm by Sheldon Toplitt
The appeals court struck down the use of color imagery in the warnings, handing the plaintiffs a victory of sorts.United States District Court for the District of Columbia Judge Richard Leon in R.J. [read post]
16 Mar 2012, 3:10 am by Andrew Lavoott Bluestone
We accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit * 8 8 within any cognizable legal theory (Morone v Morone 50 NY2d 481 , 484; Rovello v Orofino Realty Co. 40 NY2d 633 634) Leon v Martinez, 84 N. 2d 83 87- 614 N. [read post]
Lord Rodger cites McHugh and Kirby JJ (High Court of Australia, Applicants S396/2002 and S395/2002 v. [read post]