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3 May 2024, 3:00 am
Thursday’s decision sends the case back to the trial court so that Flores can withdraw his plea and the court can grant his motion to suppress the evidence against him. [read post]
3 May 2024, 3:00 am
They led fellow Democrats in chants of “shame, shame” after the House abruptly went into a recess rather than consider a motion to repeal the law. [read post]
2 May 2024, 9:01 pm
Frank’s motion to intervene. [read post]
2 May 2024, 7:36 pm
The courts uniformly declined to grant defendants’ motions to dismiss on such grounds but did eventually grant motions for summary judgment. [read post]
2 May 2024, 6:22 pm
The judge ruled that Eastman’s motion failed to show that he no longer presents a threat to the public.Politico has the full story here. [read post]
2 May 2024, 4:01 pm
It might be more prudent, however, to file a motion to dismiss if there are strong defenses. [read post]
2 May 2024, 3:23 pm
It affirms the imposition of $10,000 in discovery sanctions against a law firm -- The Vanderpool Law Firm (in Seal Beach) -- notwithstanding the firm's argument that it can't be sanctioned because it substituted out of the case before the motion to compel was filed.The opinion is undeniably correct on the merits: Lawyers and law firms can be sanctioned for, as here, the underlying (sanctionable) discovery responses that led to the motion to compel even if they substitute… [read post]
2 May 2024, 2:27 pm
VC Travis Laster granted the motion to dismiss: Under the standard Delaware formulation, directors owe fiduciary duties to the corporation and its stockholders. [read post]
2 May 2024, 12:22 pm
Catrett, 477 U.S. 317 (1986)—adopted a standard that requires a motion judge to engage in an analytical process similar to that necessary to rule on a motion for a directed verdict: “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law … That weighing process requires the court to be guided by the same evidentiary standard of proof—by a… [read post]
2 May 2024, 9:49 am
Without Section 230, Salesforce nevertheless gets its motion to dismiss. [read post]
2 May 2024, 9:47 am
The Court understands that there may be circumstances in which having a junior lawyer handle a hearing or oral argument might not be appropriate – such as where no junior lawyers were involved in drafting the motion or response or where the motion might be dispositive in a "bet-the-company" type case. [read post]
2 May 2024, 9:35 am
Eric made a motion to reconsider, and the district court amended its ruling to find that it could have authorized the sale, but “the evidence is far from clear that the proposed sale is in the best interests of the trust or all beneficiaries involved. [read post]
2 May 2024, 6:55 am
Although Araujo objected to the motion, the TTAB granted the extension, finding good cause for the delay. [read post]
2 May 2024, 6:05 am
Remarkably, of the 131 delegates who voted for the motion, 13 came from countries that presently do not recognize Kosovo’s sovereignty. [read post]
2 May 2024, 6:00 am
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
2 May 2024, 6:00 am
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
2 May 2024, 5:53 am
Engoron granted Attorney General James’ pretrial motion for summary judgment, finding Trump and his co-defendants had artificially inflated the value of Trump’s assets. [read post]
2 May 2024, 5:14 am
This time, TikTok put its users into motion demonstrating just how addictive the TikTok algorithm really is as children were used as human shields with what I think of as truly evil intent. [read post]
2 May 2024, 3:05 am
In September, NAM filed a motion for summary judgment, characterizing the case as “a study in capricious agency action. [read post]
1 May 2024, 1:21 pm
The district court denied that motion, and the government petitioned for mandamus seeking to enforce our earlier mandate. [read post]
