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11 Sep 2021, 8:16 am by Franklin C. McRoberts
” The Decisions In a pair of Decisions and Orders available here and here, Kings County Commercial Division Justice Leon Ruchelsman granted Peter a broad preliminary injunction, then narrowed the scope of the injunction. [read post]
11 Sep 2021, 8:16 am by Franklin C. McRoberts
” In a pair of Decisions and Orders available here and here, Kings County Commercial Division Justice Leon Ruchelsman [read post]
25 Aug 2021, 4:30 am by Michael C. Dorf
That, in turn, led to his lawyers mounting a number of challenges in courts across the country, even reaching the Supreme Court in the case of Texas v. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
18 Jul 2021, 4:05 pm by INFORRM
, heard 15 and 16 June 2021 (Julian Knowles J) Riley v Murray, heard 10 to 12 May 2021 (Nicklin J) Lloyd v Google, heard 28 and 29 April 2021 (UKSC) Kumlin v Jonsson, heard 24 and 25 March 2021 (Julian Knowles J). [read post]
11 Jul 2021, 4:55 pm by INFORRM
Research and Resources Surveilling the Gamers: Privacy Impacts of the Video Game Industry, Jacob Leon Kröger, Technische Universität Berlin; Weizenbaum Institute for the Networked Society, Philip Raschke, Technische Universität Berlin, Jessica Percy Campbell, University of Victoria, Stefan Ullrich, Weizenbaum Institute for the Networked Society. [read post]
9 Jul 2021, 3:08 am by Andrew Lavoott Bluestone
” “Here, even accepting the facts alleged in the complaint, as amplified by the plaintiff’s affidavit, as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87), the plaintiff failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome on his workers’ compensation claim (see Katsoris… [read post]
  Pernix involved a firm-fixed-price construction contract in Sierra Leone that was impacted by an Ebola outbreak several months into the project. [read post]
14 Jun 2021, 5:47 am by Andrew Lavoott Bluestone
Dial Car Inc. v Tuch & Cohen, LLP  2021 NY Slip Op 30407(U) February 10, 2021 Supreme Court, Kings County Docket Number: 514138/20 Judge: Leon Ruchelsman gives a nice description of the current standard of JL § 487 in the Second Department. [read post]
7 Jun 2021, 5:14 am by Andrew Lavoott Bluestone
Here, accepting as true the facts alleged in the complaint, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint failed to sufficiently allege a failure by the defendants to exercise the ordinary skill and knowledge commonly possessed by a member of the legal profession and that any breach of such duty proximately caused damages (see Cali v Maio, 189 AD3d 1337). [read post]
31 May 2021, 11:57 pm by Eleonora Rosati
The reference can appear unusual and also questionable, but it is not the first time that an Italian court refers expressly to the doctrine of US fair use in deciding a dispute under Italian law (see also Court of Milan, July 13, 2011, Foundation Alberto et Annette Giacometti v Fondazione Prada in a case of “transformative use”). [read post]