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26 Mar 2009, 8:23 am by Lincoln W. Hobbs, Esq., CCAL
We ascertain the true intention of the parties by looking at the writings as a whole, construing them to effectuate the intent of the parties. [read post]
3 Mar 2023, 4:39 am by Andrew Lavoott Bluestone
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]
25 Nov 2021, 4:14 pm by INFORRM
As Moreham has pointed out, the Court of Appeal’s decision in ZXC also potentially allows for circumvention of the rule in Bonnard v Perryman [1891] 2 Ch 269 that interim injunctions should generally not be awarded in defamation if the defendant intends to prove the publication is true. [read post]
6 Dec 2018, 3:05 am by SHG
It may not be true, but it feels true. [read post]
5 Aug 2020, 7:59 am by Mark Rienzi
This is true even if the school does not rely on an overtly religious reason for its employment decision, and it is true even if the teacher lacks a religious-sounding title or special religious training. [read post]