Search for: "Davis v. Chipotle Mexican Grill Inc" Results 1 - 6 of 6
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1 Jun 2018, 4:35 am by Andrew Lavoott Bluestone
Nor do we believe that our decision will lead to unpredictability or confusion given that it reiterates the proposition that bare legal conclusions in a pleading are not entitled to consideration when assessing a motion to dismiss under CPLR 3211 (a) (7) (see Myers v Schneiderman, 30 NY3d 1, 11 [2017]; Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d at 141; Maas v Cornell Univ., 94 NY2d 87, 91 [1999]; Rodriguez… [read post]
10 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
A court considering such a motion must construe the pleading liberally, “accept the facts as alleged in the [pleading] as true, accord [the] plaintiff[] the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory” (Leon v Martinez, 84 NY2d 83, 87-88 [1994]; accord Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d 137, 141 [2017]; Rushaid… [read post]
3 Jun 2021, 7:43 am by John Elwood
(relisted after the May 27 conference) Returning Relists Chipotle Mexican Grill v. [read post]
24 Jun 2021, 10:12 am by John Elwood
Reagan National Advertising of Texas Inc., 20-1029, concerns the constitutionality of a municipal sign restriction. [read post]