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18 Feb 2020, 4:46 am
In considering a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the court must accept the facts as alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d at 87). [read post]
6 Dec 2019, 1:41 pm
See Nken v. [read post]
5 May 2020, 3:46 am
As per The Nogar Marin, if the defects in the goods are not apparent on reasonable inspection upon shipment, the master’s signature of the bill of lading without qualification does not preclude owners from establishing the true condition of the goods. [read post]
26 Oct 2023, 1:15 pm
Justice Hoffstadt responds that we have more deference (under the Full Faith and Credit Clause) to judgments, and that's true. [read post]
20 Jul 2012, 5:09 pm
Gilligan recognised that a libel complaint provided a means to vindicate his reputation by ensuring that the true position was made clear, stating “I hope this makes it clear to Mr Livingstone and to anyone tempted to follow his example that I will always defend my journalism. [read post]
29 Jan 2019, 3:11 pm
The English Patents Court recently handed down a decision granting Novartis a preliminary injunction to prevent infringement of its second medical use patent protecting sales of its breast cancer drug everolimus (marketed as Afinitor) - Novartis Pharmaceuticals UK Limited v Dr Reddy's Laboratories (UK) Limited [2019] EWHC 92 (Pat). [read post]
19 Nov 2013, 8:32 am
The case of Joshua Martin v. [read post]
14 May 2020, 4:00 am
.* McDonnell Douglas Corp. v. [read post]
14 May 2020, 4:00 am
.* McDonnell Douglas Corp. v. [read post]
19 Aug 2024, 9:21 am
When two heavyweights such as INTA and MARQUES enter the ring and file statements in intervention with the General Court, you can bet that the case is interesting. [read post]
16 Oct 2019, 4:29 pm
Whilst it was true that the applicants as publisher and editor-in-chief had not been personally associated with the statements, they had, however, provided a forum to Öcalan and had enabled his statements to be disseminated. [read post]
1 May 2016, 7:32 am
Central Park: Ward v. [read post]
16 Jun 2023, 6:30 am
This was especially true for his “language about the theoretical right of the sovereign people to interpose in the last resort,” Professor Fritz specifies. [read post]
7 Nov 2018, 2:49 pm
This has got to be evidence of something.State v. [read post]
7 Jun 2024, 6:12 am
Sampling error as a proportion of true essentiality rate increases at lower and lower levels of true essentiality.Sampled patents cannot be appealed and reassessed without destroying the integrity of the sample. [read post]
8 Dec 2023, 9:55 am
By invoking a later Lochner-era case, Eisner v. [read post]
26 Feb 2007, 5:46 am
State v. [read post]
13 Jul 2011, 10:53 am
Anybody remember Medtronic, Inc. v. [read post]
6 May 2006, 8:54 pm
The recent Supreme Court of British Columbia decision in Tribe v. [read post]
3 Mar 2015, 6:27 am
But on the eve of King v. [read post]
