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22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading 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 83, 87; Bumpus v New York City Tr. [read post]
5 Nov 2012, 4:20 pm by brian
Lower courts considering this issue have held that an earlier Supreme Court ruling, Martinez v. [read post]
14 Feb 2018, 7:38 am by Evan Lee
An even gloomier portent for the government is the Supreme Court’s 2016 decision in Molina-Martinez v. [read post]
26 Mar 2013, 9:35 am by Daniel E. Cummins
Pennsylvania State Supreme CourtWebb v. [read post]
31 Dec 2010, 2:58 am by Andrew Lavoott Bluestone
Where emotional or other nonpecuniary loss is a direct result of a defendant's breach of duty, a plaintiff may recover damages for such loss (see generally Martinez v Long Is. [read post]
1 Oct 2014, 6:51 am by Staff Writer
Checking for intoxication at roadside stops became legal after the 1975 United States Supreme Court case United States v. [read post]
11 Jul 2014, 11:01 am
Martinez, 690 F.3d 1083 (U.S. [read post]
8 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
Plaintiff’s signed agreement with the nonparty funder, selling a portion of his interest in any potential future litigation proceeds, “conclusively establishes a defense to the asserted claim as a matter of law,” as it shows that defendants did not commit any misconduct by failing to warn plaintiff of the terms of the agreement (Leon v Martinez, 84 NY2d 83, 88 [1994]; see CPLR 3211[a][1]), which plaintiff admittedly signed (see VXI Lux Holdco S.A.R.L.… [read post]