Posts tagged with: "dismissal" Results 101 - 120 of 155,588
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15 May 2024, 11:16 am by Imke Ratschko
Read More The post Court grants Motion to Dismiss for lack of personal jurisdiction where MCA Company relied on a contractual method of service but failed to authenticate such contract appeared first on Ratschko PLLC. [read post]
15 May 2024, 11:01 am by Jon Hyman
Village at Hamilton Pointe, the 7th Circuit affirmed the dismissal of the agency's racial harassment lawsuit. [read post]
15 May 2024, 10:47 am by Eugene Volokh
(As usual with such decisions on a motion to dismiss, the court assumed that the facts were as plaintiff alleged them to be; the case will now go on to discovery, and then perhaps to a trial where a jury will decide the facts.) [read post]
15 May 2024, 10:10 am by Seth Davis
Judge Henderson stressed that the appellant had not been dismissed but rather demoted to a non-SES civil service position. [read post]
15 May 2024, 10:00 am by Public Employment Law Press
.), entered June 14, 2023, which, insofar as appealed from as limited by the briefs, granted the motion of defendants New York City Department of Education and New York City Board of Education (defendants) for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.On October 26, 2015, plaintiff, a special education teacher and dean of a Bronx middle school, was helping students enter the school's main entrance shortly after… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
.), entered June 14, 2023, which, insofar as appealed from as limited by the briefs, granted the motion of defendants New York City Department of Education and New York City Board of Education (defendants) for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.On October 26, 2015, plaintiff, a special education teacher and dean of a Bronx middle school, was helping students enter the school's main entrance shortly after… [read post]
15 May 2024, 8:49 am by Jonathan Bailey
10th Circuit to rehear Tiger King case, Appeals Court upholds This is America case dismissal and Shopify sues competitor. [read post]
15 May 2024, 7:00 am by bklemm@foley.com
This point is particularly important in evaluating whether a claim can be successfully challenged at the motion to dismiss stage, where factual allegations must be construed in plaintiff’s favor. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
Accountability, Inc. v Cuomo, 167 AD3d 1406, 1409 [3d Dept 2018], appeal dismissed 33 NY3d 993 [2019], lv dismissed & denied 34 NY3d 961 [2019]). [read post]
15 May 2024, 6:00 am by Public Employment Law Press
Accountability, Inc. v Cuomo, 167 AD3d 1406, 1409 [3d Dept 2018], appeal dismissed 33 NY3d 993 [2019], lv dismissed & denied 34 NY3d 961 [2019]). [read post]
15 May 2024, 4:30 am by Jeremy Telman
I'm very excited to be able to write about a case arising under the Federal Constitution's Contracts Clause, U.S. [read post]
15 May 2024, 4:14 am by DeFrancisco & Falgiatano
The court agreed, however, to dismiss the plaintiff’s causes of action alleging lack of informed consent and negligent hiring, retention, and supervision, as the plaintiff failed to address those claims in her opposition or respondent’s brief; as such, they were deemed abandoned. [read post]
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]
The applicant challenged these decisions in administrative courts, but in 2020 her appeals were dismissed, relying on the same legal provision. [read post]
15 May 2024, 1:27 am by Mavrick Law Firm
The court dismissed Tusa’s lawsuit against KKA because the Roffe/KKA lease did not contain a provision expressly identifying Tusa as a third-party beneficiary to the contract. [read post]
14 May 2024, 11:00 pm
ONLY GAVE TENANT AN 89-DAY NON-RENEWAL NOTICEAfter the owner brought a non-primary residence holdover proceeding, alleging that D’A – a rent-stabilized tenant – really lived elsewhere, the New York County Civil Court ended up dismissing the case because the “Golub notice,” or “notice of non-renewal,” was served only 89 days prior to the underlying lease’s expiration, rather than the requisite 90-150 days as required by the Rent Stabilization… [read post]
14 May 2024, 10:01 pm by rhapsodyinbooks
She decisively dismissed comments that somehow Jews passively accepted victimhood as participants in their tragic fate. [read post]