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14 Jun 2021, 2:44 pm
Super. 2009), appeal denied, 989 A.2d 914 (Pa. 2010), under which it was held that allegations of recklessness may be made in any case as a general averment of a state of mind. [read post]
6 Dec 2021, 5:30 am by Public Employment Law Press
"An employee's probationary appointment may be terminated without a hearing for any reason or no reason at all, so long as the termination was not in bad faith or for an improper or impermissible reason" (Matter of Messenger v State of New York Dept. of Corr. [read post]
6 Dec 2021, 5:30 am by Public Employment Law Press
"An employee's probationary appointment may be terminated without a hearing for any reason or no reason at all, so long as the termination was not in bad faith or for an improper or impermissible reason" (Matter of Messenger v State of New York Dept. of Corr. [read post]
21 Nov 2022, 6:44 pm
R.C.P. 1019(b), given that allegations of recklessness are considered to be allegations of a state of mind, such allegations can be averred generally. [read post]
7 Dec 2023, 6:00 pm by Badrinath Srinivasan
The five judge Bench's decision of the Supreme Court of India in Cox & Kings v. [read post]
3 Jan 2014, 1:39 pm
Lowe averred that, without an expert of his own, counsel would lack the requisite knowledge to question the State's expert properly. [read post]
19 Jul 2018, 7:40 am by Second Circuit Civil Rights Blog
He avers further that, had he received the Election Form, he would have chosen to opt out of arbitration. [read post]
27 Dec 2021, 4:34 am by Andrew Lavoott Bluestone
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking… [read post]
22 Jun 2024, 10:01 pm by rhapsodyinbooks
The Supreme Court took up the case of whether the city violated the Fifth Amendment’s takings clause in Kelo v. [read post]