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15 Mar 2012, 1:10 am
See Hoffman v. [read post]
17 Apr 2012, 4:00 am
So said the lessor-plaintiffs in Walker v. [read post]
22 Dec 2011, 7:55 am
Bay Farms Corp. v. [read post]
21 Sep 2011, 7:31 am
In his September 15, 2011 Opinion in the Lackawanna County slip and fall case of Filippova v. [read post]
11 Nov 2008, 7:16 am
" How very true. [read post]
13 Sep 2011, 1:23 pm
In Potrero Hills Landfill, Inc. v. [read post]
22 Sep 2009, 12:16 am
Iqbal and Bell Atlantic v. [read post]
25 Mar 2024, 5:12 am
Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint sufficiently stated a cause of action alleging legal malpractice against the law firm defendants (see Shaya B. [read post]
15 Nov 2021, 3:30 am
On a motion to dismiss a cause of action pursuant to CPLR 3211(a), 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 CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
7 Aug 2020, 12:38 pm
(Liberte v. [read post]
18 Jan 2012, 10:44 am
., Inc. v. [read post]
21 Jul 2022, 8:20 am
The law in this regard was summarised by Arnold J in Jarden Consumer Solutions (Europe) Ltd v SEB SA [2014] EWHC 445 (Pat) at [103]: “[103] As Kitchin LJ and Sir Robin Jacob said in their joint judgment in Gedeon Richter plc v Bayer Pharma AG[2012] EWCA Civ 235, [2013] Bus LR D17 at [61], ‘it is trite law that… the older (from the priority date of a patent under attack) a piece of prior art said to render a patent obvious, the harder it is to show… [read post]
3 Jun 2007, 7:11 pm
United States v. [read post]
11 Dec 2019, 11:25 am
It does not make much sense to do so, because weighing is a judgment about appropriate punishment and not a finding of fact that is demonstrably true or false. [read post]
1 Jun 2011, 7:23 am
International Justice, Wild West v. [read post]
24 Nov 2020, 6:00 pm
Perhaps a state wants to enact a true compulsory vaccination regime. [read post]
28 Jul 2014, 5:38 am
Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact). [read post]
8 May 2019, 1:21 pm
Thornton v. [read post]
1 Aug 2014, 5:31 am
Enjaian v. [read post]
24 Sep 2014, 6:08 am
Corp. v. [read post]
