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United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel
24 Jul 2024, 6:27 am by Marty Lederman
United States v. [read post]
Just Security - https://www.justsecurity.org/
Judge Cannon’s Ruling Dismissing the Trump Case Suffers From Constitutional Myopia With Respect to the Proper Role of a District Court Judge: Part One in a Two-Part Series
23 Jul 2024, 9:00 pm by Vikram David Amar
As the Supreme Court made clear in Rodriguez de Quijas v. [read post]
Verdict - http://verdict.justia.com/
Not Duplicative, But Still Dismissible
22 Jul 2024, 5:13 am by Andrew Lavoott Bluestone
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211 (a) (7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Risk Reading — Lawyers-as-Fiduciaries Ethics Rules, Disqualifications and Communication Clashes, Litigation Funding Hazards,
19 Jul 2024, 6:48 am by Dan Bressler
Semiconductor Inc. v. [read post]
Bressler Risk Blog - http://www.bresslerriskblog.com
Chronic and Extreme, and Even Then, Not Lightly Given
19 Jul 2024, 4:47 am by Andrew Lavoott Bluestone
“On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference” (Angeli v Barket, 211 AD3d 896, 897 [2022]; see Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Tuesday Talk*: The Disgrace of Future Justice Aileen Cannon
16 Jul 2024, 3:33 am by SHG
” The Supreme Court, in a unanimous decision, United States v. [read post]
Simple Justice - http://blog.simplejustice.us
[Josh Blackman] Bauer: "[T]here's little point left to [the Special Counsel] regulations, at least insofar as they purport to authorize investigations of presidents."
11 Jul 2024, 11:50 pm by Josh Blackman
The Archibald Coxes, the Leon Jaworskis, the Robert Muellers, the Jack Smiths: We may never see the likes of them again. [read post]
The Volokh Conspiracy - http://www.volokh.com/
BRANDON LEON SHIELDS v. STATE OF MARYLAND
11 Jul 2024, 5:41 am by Unreported Opinions
Read the opinion The post BRANDON LEON SHIELDS v. [read post]
On the Record - http://thedailyrecord.com/ontherecord/
“At Issue Waiver” and Legal Malpractice Claims
5 Jul 2024, 6:07 am by Andrew Lavoott Bluestone
,Kinqston Check Cashing Corp., v. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
No Privity, No Case
3 Jul 2024, 4:52 am by Andrew Lavoott Bluestone
Co. v North Am. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Monday’s Mix
10 Jun 2024, 4:00 am by Administrator
… Canadian Privacy Law Blog OKImportant new Ontario court decision on privilege in incident response documentation The Ontario divisional court has just released a decision, LifeLabs LP v. [read post]
Slaw - http://www.slaw.ca/
Oral Joint Ventures: The Wild West of Business Associations
3 Jun 2024, 4:31 am by Franklin C. McRoberts
We encountered this problem in our article about Eikenberry v Lamson, in which Kings County Commercial Division Justice Leon Ruchelsman wrote that it is “well settled in New York that a partnership or a joint venture may not operate through a corporate form and that any fiduciary obligations that the partners owe one another cease to exist once they agree to conduct business as a corporation,” but that there is an “exception” to this rule “where the… [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, 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 (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, 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 (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Josh Blackman] An Interview with Judge Matthew Solomson About the Columbia Boycott
20 May 2024, 5:00 am by Josh Blackman
In the wake of the announced boycott against Columbia University, I posed several questions to Judge Matthew Solomson of the U.S. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Plaintiff Succeeded On Three Claims and Still Sued for Legal Malpractice
15 May 2024, 3:56 am by Andrew Lavoott Bluestone
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Limo Company Shareholders Can’t Hitch a Ride in Derivative Litigation
13 May 2024, 4:50 am by Franklin C. McRoberts
But a recent decision by Kings County Commercial Division Justice Leon Ruchelsman, Kordonsky v Brudoley, Decision and Order [Sup Ct, Kings County Mar. 26, 2024]), highlights some of the shortcomings of the intervention procedure for unnamed owners in derivative cases. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Weissmann: “One Vote Away from … the End of Democracy”
1 May 2024, 5:48 am by jonathanturley
In United States v. [read post]
Jonathan Turley - https://jonathanturley.org/