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16 Jul 2016, 2:00 am by The Public Employment Law Press
” But on a separate issue, he did not state a False Claims Act whistleblower retaliation claim against individual town officials because a 2009 amendment did not expand the FCA to provide individual liability (Howell v. [read post]
14 Jun 2010, 2:39 am by Andrew Lavoott Bluestone
Additionally, the assertions in the complaint permit a reasonable inference of the alleged conduct (see Pludeman v Northern Leasing Sys., Inc., 10 NY3d 486, 492), and the complaint is otherwise "sufficient to advise [Levinson] of the incidents complained of" (Union State Bank v Weiss, 65 AD3d 584, 585; see CPLR 3116[b]). [read post]
6 Oct 2011, 3:06 am by Andrew Lavoott Bluestone
Contrary to the attorneys' contention, that cause of action was pleaded with sufficient specificity (see CPLR [*3]3016[b]; Pludeman v Northern Leasing Sys., Inc., 10 NY3d 486, 492; PDK Labs v Krape, 277 AD2d 211), and the attorneys' documentary evidence failed to "resolve[] all factual issues as a matter of law, and conclusively dispose[] of the plaintiff's claim" (Brunot v Eisenberger & Co., 266 AD2d 421, 421; see CPLR 3211[a][1]). [read post]