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29 Nov 2021, 11:24 am by Public Employment Law Press
This is especially true in CPLR article 78 proceedings (Matter of Leone v Blum, 73 A.D.2d 252, 274, mot for lv to app granted 50 N.Y.2d 1042). [read post]
15 Nov 2021, 3:30 am by Andrew Lavoott Bluestone
“The Noerr-Pennington doctrine protects the right under the First Amendment to the United States Constitution to petition the government for governmental action, including through litigation and activity incidental to litigation” (Matter of People v Northern Leasing Sys., Inc., 193 AD3d 67, 77 [citation omitted]; see Alfred Weissman Real Estate v Big V Supermarkets, 268 AD2d 101, 106-107). [read post]
31 Oct 2021, 5:45 pm by INFORRM
” Media Law in Other Jurisdictions Australia In the case of Nassif v Seven Network [2021] FCA 1286. [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
30 Sep 2021, 10:33 am by Pamela Wolf
Further, the employee failed to prove a likelihood of success on the merits, not having articulated reasons for his assertion that he was “forced to forgo a prayer practice” by not being able to work from home (Leone v. [read post]
23 Sep 2021, 10:00 am
Another, indirect, pathway focuses on the support of key stakeholders to whom human rights related work has been given (by the state) or taken (in the absence of delegation). [read post]
25 Aug 2021, 4:30 am by Michael C. Dorf
At the same time, he was putting pressure on the state’s Secretary of State and on the U.S. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
The Appellate Division, affirming the lower court ruling in each action, said that "When a party moves to dismiss a complaint pursuant to CPLR 3211(a)(7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action," citing Sokol v Leader, 74 AD3d 1180. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
The Appellate Division, affirming the lower court ruling in each action, said that "When a party moves to dismiss a complaint pursuant to CPLR 3211(a)(7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action," citing Sokol v Leader, 74 AD3d 1180. [read post]
18 Jul 2021, 4:05 pm by INFORRM
United States Reuters had a piece “Sacha Baron Cohen, Showtime win dismissal of Roy Moore defamation lawsuit”. [read post]
11 Jul 2021, 4:55 pm by INFORRM
United States The Daily Mail had a piece “Kailyn Lowry files a defamation lawsuit against her Teen Mom 2 costar Briana Dejesus alleging she made ‘untrue’ statements”. [read post]