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6 Feb 2020, 11:07 am by Andrew Hamm
Davis 19-569Issues: (1) Whether “prevailing professional norms” required counsel in a capital case to investigate potential mitigation evidence, including red flags for mental health and substance abuse, before the Supreme Court decided Wiggins v. [read post]
21 Oct 2019, 12:15 am by INFORRM
On the same day Julian Knowles J handed down judgment in the libel case of Fox v Wiggins & Ors [2019] EWHC 2713 (QB). [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]
1 Jul 2019, 2:56 am by Walter Olson
Laws banning truthful business speech about lawful conduct should trip First Amendment review [Ilya Shapiro on Cato amicus brief in Seeberger 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]
7 Mar 2019, 3:58 am by Andrew Lavoott Bluestone
, 119 AD2d 789 [1986]; see also Wiggin v Gordon, 115 Misc. 2d 1071 [1982]), or for misconduct that is chronic. [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 Jan 2019, 7:16 pm by Danielle Maddox Kinchen
” In the United States, several states, including Vermont and Washington, have begun establishing restorative measures in their justice systems. [read post]
12 Oct 2018, 5:00 am by Amanda Pickens Nitto
September 13, 2018) (purported collective and class action removed from state court brought by hourly security guards under federal and state wage and hour laws alleging defendant failed to pay overtime compensation for duties that were required for the job) Wiggins v. [read post]
13 Jul 2018, 11:46 am by Kevin
On June 28, the Georgia Court of Appeals filed an opinion in Wiggins v. [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]