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6 May 2024, 3:00 am
In March, the Court overruled the Chancery Court and held that allegations of undisclosed conflicts of interest involving a special committee’s legal and financial advisors were sufficient to deny the defendants’ motion to […] [read post]
5 May 2024, 9:01 pm
”At New York University, the full-time faculty of the university’s Gallatin School passed a motion of no-confidence in NYU’s President, Linda Mills, after police arrested students and faculty at another pro-Palestinian encampment. [read post]
5 May 2024, 6:44 pm
Pix credit here The Hong Kong National Security law has attracted a substantial amount of attention outside of HR-SAR (eg here, here), and generated the start of what is likely to be a lively judicial debate (eg here). [read post]
5 May 2024, 5:19 pm
State-of-the-art MOB systems automatically send a signal to the bridge that a person has gone over the rails via a motion detection alarm which can capture an image of the person and then can track the person in the water via radar (using infrared technology at night). [read post]
5 May 2024, 11:09 am
The Speedy Trial Act allows district judges 30 days, from the time a pretrial motion is taken under advisement, to issue a ruling. [read post]
5 May 2024, 10:26 am
Cir. 2024). iFIT TTAB Decision OPP_53 Federal Circuit Remand Order iFit AppellantBrief iFit Motion to Remand iFit Motion to Remand Opposition Although iFIT does not sell safety glass – or even sunglasses, it still argues that its cyclist customers were an overlapping customer group who bought both parties’ products to use together, i.e. using safety glasses while cycling. [read post]
5 May 2024, 8:32 am
Rule 360 RoP applies mutatis mutandis in PI proceedings Rule 360 RoP determines the following: Rule 360 – No need to adjudicateIf the Court finds that an action has become devoid of purpose and that there is no longer any need to adjudicate on it, it may at any time, on the application of a party or of its own motion, after giving the parties an opportunity to be heard, dispose of the action by way of order.After some translation musings commenting on differences between the German,… [read post]
5 May 2024, 6:30 am
The trial denied the motion, prompting the defendant to appeal. [read post]
4 May 2024, 10:35 am
Because respondent is now cooperating with disciplinary counsel, SCOV grants her motion to dissolve the interim suspension and she gets her license back. [read post]
4 May 2024, 5:48 am
Criminal procedure — Jury instructions — Motion for new trial Hillard D. [read post]
3 May 2024, 11:17 pm
Many homeowners have increased security measures by installing cameras and motion sensors around their properties. [read post]
3 May 2024, 9:03 pm
A proposal for mediation on the joint motion was accepted. [read post]
3 May 2024, 4:28 pm
A judge has not yet ruled on the motion. [read post]
3 May 2024, 4:11 pm
Thus, because it was relied on by the Fifth District Court of Appeal in reversing a dismissal based on the statute of limitations, if you plead your case “right,” you may be able to plead it to survive a statute of limitations motion to dismiss under this doctrine. [read post]
3 May 2024, 12:33 pm
BP filed a motion for summary judgment to dismiss the remaining claim for two reasons: (1) the claim was extinguished when the landowner was made whole by the adoption of the most feasible remediation plan when two co-defendants who operated on the property deposited $1,082,400 into the registry of the court to cover the cost of remediation to state regulatory standards; and (2) BP was only a passive lessee under the lease (i.e., BP did not actively operate on the property). [read post]
3 May 2024, 11:54 am
Lin’s order was in response to a motion by attorneys for Brentwood police, which sought a judgment in their favor. [read post]
3 May 2024, 8:52 am
Fass(Probate appeal; motion for summary judgment; plaintiff's objection to periodic accounting of testamentary trust that included distributions to adopted persons; claim that Superior Court erred in rendering summary judgment for defendants, adopted great grandnieces of testator; claim that Superior Court improperly concluded that presumption in favor of adopted persons set forth in statute (§ 45a-731 (4)) applied). [read post]
3 May 2024, 8:38 am
With that relaxed scienter standard, which essentially becomes an objective standard instead of Rossi’s subjective scienter standard, Action Care survives the motion to dismiss: a DMCA notice submitter like MFB must proactively consider the potential that similarities in materials are unprotectable. [read post]
3 May 2024, 7:21 am
While the rules and case law interpreting them allow the court some leeway in passing on the likelihood of success in a case at the motion to dismiss stage, the same is not true with regard to summary judgment. [read post]
3 May 2024, 6:15 am
They complained that the case was “turning into a hamster wheel of motions, hearings, and delayed decisions. [read post]
