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16 Mar 2012, 3:10 am
We accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit * 8 8 within any cognizable legal theory (Morone v Morone 50 NY2d 481 , 484; Rovello v Orofino Realty Co. 40 NY2d 633 634) Leon v Martinez, 84 N. 2d 83 87- 614 N. [read post]
25 Jan 2012, 1:24 pm
That claim is now effectively imputed to current Secretary of Defense Leon Panetta. [read post]
17 Feb 2010, 1:21 pm
In MODIFYING the order appealed from to grant Allstate's motion to dismiss the breach of contract action, as well, the Fourth Department held: Even accepting all of the facts alleged by plaintiff in his complaint as true and according him the benefit of every favorable inference, as we must in the context of defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (see Leon v Martinez, 84 NY2d 83, 86-87; Kumar v American Tr. [read post]
12 Jul 2012, 9:41 am
The following contribution to our symposium on Kiobel v. [read post]
21 Sep 2018, 4:47 am
Leon Stambler v. [read post]
18 Jul 2011, 6:35 am
A post at ACSblog suggests that Janus Capital Group, Inc. v. [read post]
19 Jun 2008, 6:07 pm
Paul v. [read post]
13 May 2011, 5:39 am
Leon, 468 U.S. 897, 922–25 (1984). [read post]
20 Jan 2014, 6:04 am
. ____________________ Competition Bureau v. [read post]
4 Sep 2015, 3:29 pm
Supreme Court ruled in Riley v. [read post]
12 Sep 2012, 6:00 am
In United States v. [read post]
19 Oct 2007, 6:09 am
United States v. [read post]
21 Feb 2017, 11:38 am
Utah v. [read post]
3 Mar 2023, 4:39 am
Here, even accepting the facts alleged in the complaint as true, and according Mid City the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87), the complaint failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome regarding the termination of Mid City’s status as a DBE (see Rudovic v Law Off. of Timothy A. [read post]
1 Oct 2008, 3:23 pm
On Monday night, Delaware Vice Chancellor Lamb issued an opinion in the epic Hexion v. [read post]
17 Aug 2014, 4:00 am
The arbitrator’s decision (Leon Getz, Q.C.) was reasonable here, the B.C.C.A. being overturned (“with costs throughout”), and the arbitrator’s award reinstated. [read post]
15 Nov 2014, 9:30 am
Boyd v. [read post]
20 Feb 2010, 8:15 am
Commonwealth of Massachusetts v. [read post]
1 Dec 2017, 4:35 am
On or about December 9, 2014, the plaintiffs moved for leave to amend the caption of the action to add Leon Lubarsky, Rada Tarnovsky, and another person as additional defendants. [read post]
