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1 Oct 2011, 2:00 pm by admin
Uchitel’s words, it can rely on the 1991 Supreme Court case Masson v. [read post]
10 Feb 2010, 11:31 pm
”The Constitution, said the court, which protects "vehement, caustic and sometimes unpleasantly sharp attacks" in a political context, does not insist on complete verbal precision.Justice Smith then explained:"In this, the Constitution follows the common law of libel which, as the United States Supreme Court has observed, ‘overlooks minor inaccuracies and concentrates upon substantial truth’ (Masson v New Yorker Magazine, Inc., 501 US 496,… [read post]
1 Apr 2009, 4:15 am
"The Constitution, said the court, which protects "vehement, caustic and sometimes unpleasantly sharp attacks" in a political context, does not insist on complete verbal precision.Justice Smith then explained:"In this, the Constitution follows the common law of libel which, as the United States Supreme Court has observed, ‘overlooks minor inaccuracies and concentrates upon substantial truth' (Masson v… [read post]
4 Dec 2019, 8:29 pm by Valerie Oosterveld
She cited some cases about corporate responsibility in war crimes, such as Khulumani (United States), Sanader (Croatia), Kiobel v. [read post]
4 Jun 2019, 4:17 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112… [read post]
28 Aug 2019, 4:44 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112… [read post]
23 Aug 2010, 2:28 pm by PJ Blount
inistration Authorization Act: The Scope of Federal Preemption of State Motor Carrier Regulation, 77 Journal of Transportation Law, Logistics and Policy 115 (2010) Air & Space Law (Netherlands) – Volume 35, Number 3, June 2010: # Leading Articles # Montreal v. [read post]
31 Jan 2019, 4:17 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772; see Dorce v Gluck, 140 AD3d 1111,… [read post]
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 v Jacoby & Meyers, LLP, 126… [read post]