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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]
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]
21 Apr 2024, 7:44 am by Just Security
by Joana de Andrade Pacheco (@_JoanaPacheco) United Nations – Srebrenica Genocide Critical UN Move: Draft Resolution Confronts Genocide Denial in the Balkans by Leon Hartwell (@LeonHartwell) and Hikmet Karčić (@hikmet_karcic) Podcast: Presidential Immunity The Just Security Podcast: United States v. [read post]
3 Apr 2024, 4:08 pm by admin
When expert witnesses rely upon one or a few studies, which telegraph internal validity, this litigation strategy may provide the strongest evidence against the study’s being reasonably relied upon, or its providing “sufficient facts and data” to support an admissible expert witness opinion. [1] Daubert v. [read post]
25 Mar 2024, 5:12 am by Andrew Lavoott Bluestone
However, the complaint, “although inartfully drafted,” (Leon v Martinez, 84 NY2d at 88), adequately alleges a demand for punitive damages based on the remaining causes of action asserted against Geico (see Rocanova v Equitable Life Assur. [read post]
8 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
Plaintiff’s signed agreement with the nonparty funder, selling a portion of his interest in any potential future litigation proceeds, “conclusively establishes a defense to the asserted claim as a matter of law,” as it shows that defendants did not commit any misconduct by failing to warn plaintiff of the terms of the agreement (Leon v Martinez, 84 NY2d 83, 88 [1994]; see CPLR 3211[a][1]), which plaintiff admittedly signed (see VXI Lux Holdco S.A.R.L.… [read post]
25 Dec 2023, 10:14 am by Jacob Katz Cogan
Maloney, Melanie O’Brien & Valerie Oosterveld, Forced Marriage as the Crime Against Humanity of ‘Other Inhumane Acts’ in the International Criminal Court’s Ongwen Case Linda Mushoriwa, The Prosecutor v Dominic Ongwen: An Examination of the Role of Traditional Justice Mechanisms in International Criminal Justice Demetra Fr. [read post]
8 Dec 2023, 5:25 am by Andrew Lavoott Bluestone
” “Here, even accepting the facts as alleged in the amended complaint to be true and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the amended complaint failed to state a cause of action for legal malpractice. [read post]
28 Nov 2023, 5:56 am by Santiago Stocker
The only countries in Sub-Saharan Africa to experience a coup and then recover from military rule and achieve sustained democracy since 1991 are Liberia, Lesotho, Sierra Leone, and Gambia – all of which met these three conditions. [read post]