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3 Jul 2024, 2:41 pm by Ben Sperry
Careful attention to the judgment of the Executive Branch may help inform that inquiry [e.g., Skidmore review]. [read post]
5 Apr 2017, 2:11 pm
  These branches of government are thus generally exempt from CPRA. [read post]
15 Jan 2020, 11:41 am by Jonathan Shaub
If Collins’s effort is successful and Schiff gets his way, Bolton has publicly stated that he will comply with a Senate subpoena for his testimony despite the White House’s claim that he is absolutely immune from such testimony. [read post]
30 Aug 2012, 1:51 am by Andrew Lavoott Bluestone
"A motion to dismiss pursuant to CPLR 3211(a)(7) will fail if, taking all facts alleged as true and according them every possible inference favorable to the plaintiff, the complaint states in some recognizable form any cause of action known to our law" (Kennedy v H. [read post]
9 Feb 2017, 5:37 am by SHG
We have a tri-partite government, with a legislative branch to enact laws, an executive branch to implement the laws enacted by the legislative branch, and a judicial branch, the “least dangerous branch,” to resolve disputes and, because of Marbury v. [read post]
16 Jan 2011, 7:39 am by Adam Baker
Martel Building Ltd. v Canada, [1997] 129 FTR 249 (FCTD), revd [1998] 163 DLR (4th) 504 (FCA), leave to appeal refused, 2000 SCC 60, [2000] 2 SCR 860, online: LexUM http://scc.lexum.org/en/2000/2000scc60/2000scc60.html Facts Note: This case deals with the possibility of a tort action in negligence for breach of a duty of care during negotiation of a contract (specifically during the solicitation and evaluation of tendered bids). [read post]
1 Jun 2020, 8:00 am by Public Employment Law Press
 Supreme Court granted the City's motion for summary judgment dismissing the complaint and Plaintiff appealed from those branches of the City's motion that resulted in the dismissal of Plaintiffs causes of action alleging common-law negligence and loss of consortium.The Appellate Division sustained the Supreme Court's determination, explaining that although employers in New York State generally "have a common-law duty to provide their employees with a safe… [read post]