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26 Mar 2009, 8:23 am
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
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]
16 May 2012, 8:44 am
Monday’s decision in Hall v. [read post]
9 Oct 2004, 3:46 pm
Santobello v. [read post]
8 Jan 2015, 9:18 pm
Cir. 2014) Download Promega v. [read post]
15 Jun 2011, 11:49 am
United States v. [read post]
25 Nov 2021, 4:14 pm
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]
23 Aug 2022, 9:08 am
Corp. v. [read post]
25 May 2012, 3:19 pm
Earlier today in its en banc decision in Lewis v. [read post]
4 Dec 2009, 4:54 am
Twombly, 550 U.S. 244 (2007) and Ashcroft v. [read post]
4 Feb 2011, 2:00 am
Pate v. [read post]
1 Jan 2010, 3:30 pm
In People v. [read post]
20 Feb 2011, 9:05 pm
The same would be true of a diary recorded in a private code. [read post]
27 Nov 2023, 8:07 am
Vidal v. [read post]
6 Dec 2018, 3:05 am
It may not be true, but it feels true. [read post]
Argument analysis: Justices spar with counsel over excluding securities litigation from state courts
2 Dec 2015, 5:25 am
Twombly and Tellabs, Inc. v. [read post]
5 Aug 2020, 7:59 am
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]
1 Feb 2010, 10:31 am
In Palmer v. [read post]
11 Dec 2009, 11:08 am
Penticton (City) v. [read post]
30 Mar 2022, 7:56 am
Electric Co. v. [read post]