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Tuesday, April 25, 2006

Pleading Standard. In Liebowitz v. Cornell University, the Second Circuit vacated in part a decision of the Southern District of New York, dismissing the plaintiff's employment discrimination. The case had been dismissed on a motion to dismiss where "all factual allegations in the complaint" are to be taken as true. The District Court, however, did not take all of the factual allegations as true, but instead accepted certain allegations of the University. The Second Circuit held that the complaint, if the allegations were true, did state a cause of action, and vacated the judgment as to those causes of action, while affirming the dismissal of other causes of action, which it found had not been adequately pleaded. The decision can be found at the Second Circuit website. It was decided on April 21, 2006.

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