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19 Dec 2017, 12:18 pm
See Burks v. [read post]
17 Nov 2011, 3:11 am
On a motion to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
18 Nov 2010, 1:49 am
On a motion to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
18 Mar 2016, 12:35 pm
The recent United States Supreme Court case (Hurst v. [read post]
11 Jan 2016, 7:45 pm
Fitzpatrick and State v. [read post]
1 Jun 2010, 8:06 am
Carl Folsom won in State v. [read post]
21 Sep 2015, 7:44 am
Plaintiffs lawyers, meanwhile, argued that state law requires the state to assist crime victims in preservation of evidence necessary to criminal proceedings. [read post]
24 Mar 2009, 8:51 am
U.S. v. [read post]
31 May 2019, 3:15 am
SEL relied on the High Court judgment in Griggs v Evans and argued that such an assignment should be implied, relying on the reasoning of Mr Prescott QC in that case:“Because the designer is not an employee of the company the legal title to the copyright belongs to him, because the Copyright Act says so; but the equitable title belongs to the company. [read post]
14 Jun 2005, 9:40 am
The appellate decision in Lewis v. [read post]
2 Feb 2012, 12:28 pm
In his opinion for the majority in Jones v. [read post]
10 Mar 2015, 12:27 pm
Rudin v. [read post]
5 Mar 2024, 10:23 am
Pfizer v. [read post]
24 Jun 2014, 5:20 am
In the first of three opinion days this week, yesterday the Court issued opinions in three argued cases. [read post]
1 Jun 2022, 9:00 pm
It seems the Supreme Court will soon decide whether to grant review in the very significant case in which Republican challengers argue that the North Carolina Supreme Court overstepped federal constitutional bounds when it invalidated—as being inconsistent with the state constitution’s prohibitions on excessive partisanship—the congressional districting done by the North Carolina elected legislature. [read post]
25 Oct 2011, 6:23 am
At CATO@Liberty, Julian Sanchez responds to Orin Kerr’s preview of United States v. [read post]
19 Aug 2024, 7:50 pm
Citing the United States Supreme Court's decision in United States v. [read post]
10 Jan 2019, 2:27 pm
In response to the suit challenging their transfer, the Tangwalls argued that Alaska law (Alaska Statute 34.40.110) mandated that any fraudulent transfer actions against an Alaska DAPT must be brought in Alaska. [read post]
25 Apr 2024, 6:35 pm
” In Wayte v. [read post]
28 Feb 2018, 4:00 am
The case is Addington v. [read post]