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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]
9 Sep 2015, 7:59 am
Category: Recent Decisions;Administrative Appeals Opinions Body: SC19359 - Persels & Associates, LLC v. [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]
12 Sep 2017, 11:44 am by Howard Friedman
As previously reported, last week the U.S. 9th Circuit Court of Appeals in State of Hawaii v. [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]
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]
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]
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]
20 Aug 2009, 7:36 pm
In fact, the realities of modern property law, including the authority of state courts to define  background principles of property law as recognized in this Court's opinion in Lucas v. [read post]
18 Jun 2011, 5:12 am by McNabb Associates, P.C.
Ferrer, United States Attorney for the Southern District of Florida, and John V. [read post]
24 Aug 2019, 3:19 pm by Hilary Hurd
Strawbridge punts the question and suggests that the court follow the model of United States v. [read post]
9 Apr 2019, 5:03 am by Stephanie Zable
The complaint argues that the NDAA deprives Huawei of the liberty to sell to federal agencies, as well as by stigmatizing it and “discouraging other entities across the United States from doing business with Huawei. [read post]
1 Oct 2023, 3:03 pm by Larry
In a 1984 decision called Jarvis Clark Co. v. [read post]