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19 Sep 2023, 5:00 am
EVEN IF ALLEGED SEXUAL ABUSE OCCURRED OUTSIDE OF NEW YORK STATEWhen SW filed a suit against The United Synagogue of Conservative Judaism (USCJ) and others alleging entitlement to damages under the state’s Child Victims Act (CVA), the defendants countered that the claim was barred because the purported sexual abuse occurred in Yellowstone National Park – during a “cross-country bus trip” sponsored by a “branch” entity associated with the USCJ.The… [read post]
28 Aug 2023, 5:30 am by Public Employment Law Press
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any… [read post]
1 Jun 2015, 2:48 pm by Daniel Shaviro
Last year, I addressed Piketty.This time around I have written a piece, just posted here, lauding recent scholarship by Michael Knoll, Ruth Mason, and Alan Viard that addresses the legal definition of discrimination against interstate commerce, and that appears to have completely persuaded the Supreme Court majority in the recent state income tax law case, Comptroller v. [read post]
1 May 2019, 8:00 am by Dan Ernst
Jackson's Bank Veto Reconsidered, which is forthcoming in volume 71 of the Arkansas Law Review (2019): President Andrew Jackson (LC)Andrew Jackson's 1832 veto of the bill to recharter the Second Bank of the United States is conventionally understood as a monumental rejection of judicial supremacy, in which the President defied the Supreme Court's constitutional ruling in McCulloch v. [read post]
4 May 2018, 4:00 am by Howard Friedman
(v)    showcase innovative initiatives by faith-based and community organizations that serve and strengthen individuals, families, and communities throughout the United States;(vi)   notify the Attorney General ... of concerns raised by faith-based and community organizations about any failures of the executive branch to comply with protections of Federal law for religious liberty.... [read post]
28 Aug 2023, 5:30 am by Public Employment Law Press
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any… [read post]
11 Mar 2022, 4:02 am by Andrew Lavoott Bluestone
However, to the extent the plaintiff seeks an award of treble damages in the context of the legal malpractice cause of action, it fails to state a cause of action pursuant to Judiciary Law § 487 (see Pszeniczny v Horn, 193 AD3d 1091; Gorbatov v Tsirelman, 155 AD3d 836, 840). [read post]
17 Jul 2024, 5:53 am by Andrew Weissmann
United States is one instituted by the executive branch against a former head of the executive branch. [read post]
1 Oct 2023, 3:03 pm by Larry
In a 1984 decision called Jarvis Clark Co. v. [read post]
10 Feb 2025, 7:11 am
" It's the "MEMORANDUM OF LAW IN SUPPORT OF EMERGENCY MOTION TO DISSOLVE, CLARIFY, OR MODIFY EX PARTE TEMPORARY RESTRAINING ORDER" filed in State of New York v. [read post]
22 Jun 2012, 3:19 am by Andrew Lavoott Bluestone
On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7), the complaint must be construed liberally and "the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law[,] a motion for dismissal will fail" (Guggenheimer v Ginzburg, 43 NY2d 268, 275). [read post]