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11 Sep 2009, 12:28 pm
Horn v Huddle centers around claims (.pdf) by Richard Horn, formerly a special agent with the Drug Enforcement Administration, that employees for the State Department and the Central Intelligence Agency planted listening devices in his home in 1992, while he was stationed in Burma (now Myanmar). [read post]
15 May 2023, 3:55 am by Lawrence Solum
In our view, the phrase “Office . . . under the United States” refers to appointed positions in the Executive and Judicial Branches, as well as non-apex appointed positions in the Legislative Branch. [read post]
26 Jan 2015, 6:51 pm by Donald Thompson
A criminal investigation counts (see, United States v Rodgers, 466 US 475 [1984]). [read post]
15 Apr 2022, 3:55 am by Andrew Lavoott Bluestone
“‘Allegations regarding an act of deceit . . . must be stated with particularity'” (Gorbatov v Tsirelman, 155 AD3d at 838, quoting Facebook, Inc. v DLA Piper LLP [US], 134 AD3d 610, 615). [read post]
3 Mar 2023, 4:39 am by Andrew Lavoott Bluestone
The allegation that Mid City lost the opportunity to pursue an administrative appeal, without any indication that the appeal would be successful, is insufficient to state a claim (see Coccia v Liotti, 70 AD3d 747, 754). [read post]
18 Dec 2017, 11:30 am
He argued that while there may be legal limits on presidential power to ban noncitizens from the United States, the courts should still defer to the executive branch, taking Donald Trump’s word for it that he is no longer intent on banning Muslims from the United States. [read post]
30 Nov 2008, 11:43 am
  The Supreme Court also erred in denying that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the third cause of action, alleging negligent and intentional infliction of emotional distress, for failure to state a cause of action. [read post]