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11 Aug 2015, 8:34 am by Fabrizio di Piazza
” Arguing the line-item veto case as Solicitor General immediately after the Supreme Court announced Clinton v. [read post]
11 Jan 2019, 11:14 am by Mark Tabakman
The Court stated that “in so holding, we are persuaded by our prior precedent and the Second Circuit’s well-reasoned decision in [Myers v. [read post]
18 Feb 2020, 4:46 am by Andrew Lavoott Bluestone
However, “allegations consisting of bare legal conclusions as well as factual claims flatly contradicted by documentary evidence are not entitled to any such consideration” (Maas v Cornell Univ., 94 NY2d 87, 91 [internal quotation marks omitted]; see Myers v Schneiderman, 30 NY3d 1, 11). [read post]
25 Nov 2012, 1:00 pm
Under  Bristol-Myers Squibb v Paranova condition ("the BMS conditions"), Condition 5 requires the importer to give notice to the trade mark owner before any repackaged product is put on sale, and, on demand, supplies him with a specimen. [read post]
1 Jun 2018, 4:35 am by Andrew Lavoott Bluestone
Nor do we believe that our decision will lead to unpredictability or confusion given that it reiterates the proposition that bare legal conclusions in a pleading are not entitled to consideration when assessing a motion to dismiss under CPLR 3211 (a) (7) (see Myers v Schneiderman, 30 NY3d 1, 11 [2017]; Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d at 141; Maas v Cornell Univ., 94 NY2d 87, 91 [1999]; Rodriguez v Jacoby & Meyers,… [read post]
4 May 2008, 3:46 pm
Myers, 51 M.J. 570 (N.M. [read post]