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15 Jan 2010, 8:32 am by Meg Martin
Summary of Decision issued January 14, 2010Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.Case Name: Hutchinson v. [read post]
27 Jul 2018, 4:30 am by Andrew Lavoott Bluestone
“On a motion to dismiss under CPLR 3211, the pleading is to be given a liberal construction, the allegations contained within it are assumed to be true and the plaintiff is to be afforded every favorable inference” (Simkin v Blank, 19 NY3d 46, 52; see Leon v Martinez, 84 NY2d 83, 87; Hershco v Gordon & Gordon, 155 AD3d 1007, 1008). [read post]
12 Jul 2015, 10:44 am by Schachtman
Supp. 3d 37 (D.D.C. 2014) (Leon, J.). [read post]
15 Nov 2008, 9:10 am
These allegations, which must be accepted as true on a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87), are sufficient to state a cause of action (see NWE Corp v Atomic Risk Management, 25 AD3d 349 [1st Dept 2006]). [read post]
26 Dec 2012, 4:11 am
" Noting that a plaintiff’s pleading is to be afforded a liberal construction, the Appellate Division held that “the facts alleged in the complaint are to be accepted as true, and plaintiff is to be accorded the benefit of every possible favorable inference,” citing Leon v Martinez, 84 NY2d 83. [read post]
10 May 2012, 2:45 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d at 326; Leon v Martinez, 84 NY2d at 87-88; Peery v United Capital Corp., 84 AD3d 1201). [read post]
23 May 2011, 11:47 pm by Christa Culver
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
28 Mar 2012, 9:30 am by Thomas Lee
For instance, the ATS was successfully invoked by a French privateer (an alien plaintiff) in Bolchos v. [read post]
28 Apr 2012, 11:00 am by Jeffrey Brown
The Sixth Circuit recently affirmed the denial of a motion to suppress in United States v. [read post]
3 Nov 2011, 2:35 am by Andrew Lavoott Bluestone
Defendant's motion pursuant to CPLR 3211 (a) (1) is also denied inasmuch as defendant's affidavit and the documents attached thereto do not definitively and "conclusively establish[ ] a defense to the asserted action as a matter of law" (Leon, 84 NY2d at 88); the documentary evidence merely raises numerous issues of fact, rather than finally dispose of them (see Bernstein v Oppenheim & Co., P.C., 160 AD2d 428, 435 [1st Dept 1990]). [read post]
2 Feb 2023, 5:01 am by Eugene Volokh
The case has been assigned to Judge Richard Leon, who is free to reconsider Chief Judge Howell's order; I understand that Wren will fight the gag order, and it will be interesting to see what Judge Leon does. [read post]