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22 Feb 2020, 6:11 am by Chris Wesner
Standard of Review A motion to dismiss an adversary proceeding for “failure to state a claim upon which relief can be granted” is governed by Federal Rule of Civil Procedure 12(b)(6) (applicable by Federal Rule of Bankruptcy Procedure 7012(b)). [read post]
26 Jul 2016, 4:00 am by The Public Employment Law Press
" In addition, the court pointed out that an agency "may deny access to records" where disclosure "would constitute an unwarranted invasion of personal privacy under the provisions of Public Officers Law §89(2)(b)] [and] [W]here none of the [enumerated exemptions under Public Officers Law §89(2)(b) are] applicable, a court must decide whether any invasion of privacy . . . is ‘unwarranted’ by balancing the privacy interests at stake… [read post]
24 Aug 2011, 9:55 pm
 t.co/evY24sY 5th: Ct may consult disclosure statement to see if claims retained & post-confirm. debtor has standing to bring them. t.co/evY24sY D-PA considers but wont decide effect of Anti-Injunction Act on §105 inj. ag. enforcement of state jdgmt vs. nondebtor. t.co/NmqwlYq D-PA wont hear mot. for stay pending appeal of BK order when stay not 1st sought in BK Ct even if a request was futile. t.co/NmqwlYq 6th: BK trustee liable in official capacity… [read post]
4 Jan 2017, 8:47 pm by Tiffany Quach
The Revised Proposal includes a narrower definition of Nonpublic Information with respect to individuals,[1] which aligns with the definition of “personal information” that appears in many states’ security breach notification laws. [read post]
18 May 2016, 6:08 am
 The judge went on to explain that, [b]efore deciding whether Riley applies to this search, the issue of Defendant's standing needs to be addressed. [read post]
26 Apr 2018, 10:40 am by Chinmayi Sharma
Kushner, Trump son-in-law and senior adviser to the President who was in the June 2016 Trump Tower meeting; George Papadopoulos, the first Trump foreign policy adviser who met with Russian agents following the DNC hack; and Richard W. [read post]
28 Apr 2020, 4:20 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger notes that “[w]henever the Supreme Court makes a significant change in the law — as it did last week when it overruled its prior approval of nonunanimous juries in state criminal cases” in Ramos v. [read post]