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5 Jun 2017, 8:23 pm
The petition of the day is: Brewer v. [read post]
14 Dec 2010, 4:15 am
In Sherman v. [read post]
22 Aug 2022, 3:45 am
Where, as here, the defendants submitted evidentiary material in support of that branch of their cross motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint, the criterion becomes whether the plaintiff has a cause of action, not whether one is stated (see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 845). [read post]
1 Aug 2023, 6:00 am
The Appellate Division sustained Supreme Court's granting this motion by DOE for Plaintiffs' failure "to state a cause of action. [read post]
1 Aug 2023, 6:00 am
The Appellate Division sustained Supreme Court's granting this motion by DOE for Plaintiffs' failure "to state a cause of action. [read post]
31 Jul 2015, 5:30 am
King v. [read post]
21 Jun 2012, 9:34 am
First, the Supreme Court in United States v. [read post]
3 Feb 2024, 9:52 am
Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
20 Jun 2007, 2:14 pm
Yesterday in McKinney v Commissioner of the N. [read post]
24 Jul 2023, 2:38 am
In Loper Bright Enterprises v. [read post]
6 Jun 2007, 12:31 pm
Any day now, the Justices will announce their decision in a case called Hein v. [read post]
5 Nov 2015, 2:32 pm
United States; Printz v. [read post]
19 Jul 2018, 4:00 am
Citing Matter of NYC C.L.A.S.H., Inc. v New York State Off. of Parks, Recreation & Historic Preserv., 27 NY3d 174, the court explained that "The concept of the separation of powers is the bedrock of the system of government adopted by this State in establishing three coordinate and coequal branches of government, each charged with performing particular functions. [read post]
7 May 2015, 9:01 pm
But in 1997, in City of Boerne v. [read post]
13 Aug 2010, 9:09 am
This morning, the New Jersey Appellate Division released its opinion in Betancourt v. [read post]
3 Apr 2009, 11:50 am
Arar v Ashcroft is an example of this last category (although the court found that a Bivens action was not available because of state secrets considerations rather than directly under the state secrets doctrine). [read post]
6 Dec 2013, 2:25 pm
On Monday morning, a significant Guantanamo case, Hatim v. [read post]
9 May 2017, 7:30 am
The “presumption of regularity” that attaches to all federal officials’ actions, United States v. [read post]
26 Nov 2010, 2:38 pm
Gates & Major Gary V. [read post]
29 Nov 2022, 1:55 pm
When Prelogar responded that they would not, Roberts reminded her of the court’s recent decision in Biden v. [read post]
