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First, it reiterated that, within the Ninth Circuit, it is the employer’s burden to show that the time spent on the activity at issue is de minimis. [read post]
17 Jul 2024, 4:59 am by Andrew Lavoott Bluestone
Thus, as plaintiffs facts alleging extortion do not state a claim, so too are plaintiff’s claims that the Schutzer defendants submitted a forged document insufficient to state a claim. [read post]
15 Jul 2024, 6:49 am by Dan Bressler
‘Or even the burden of having to defend themselves against an unhappy litigant.'” “Allegations of malice or corruption don’t render a judge’s actions an exception to judicial immunity, and Jones’ failure to disclose the relationship doesn’t make his actions in the Bouchard Transportation Co. [read post]
15 Jul 2024, 4:50 am by Andrew Lavoott Bluestone
In response to Aihong You’s motion, Plaintiffs aver that the allegations meet the burden to survive a motion to dismiss because Plaintiffs need to only plead facts that permit the inference of causation and need not to establish causation (NYSCEF # 61 at 5; [citing Voluto Ventures, LLC v Jenkens & Gilchrist Chapin LLP, 46 AD3d 354, 355 [1st Dept 2007]). [read post]