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1 May 2024, 1:18 pm
For FCA defendants, McKesson shows that Rule 9(b) can be a potent tool in AKS-based cases and that carefully parsing the relator’s scienter allegations may lead to a successful motion to dismiss. [read post]
1 May 2024, 12:15 pm
’ The gears are in motion. [read post]
1 May 2024, 7:29 am
The top 10 workplace injuries are slips and falls, being struck by a moving object, being struck against stationary objects, overexertion, repetitive motion injuries, electrocution, entanglement, motor vehicle accidents, falls from heights, and workplace violence. [read post]
1 May 2024, 6:39 am
” The Court also denied as moot the motions to dismiss. [read post]
1 May 2024, 6:03 am
Order, same court and Justice, entered on or about May 25, 2023, which denied Bowery’s motion for leave to renew its prior motion for leave to amend its answer to add counterclaims and denied Bowery’s motion to strike plaintiffs’ untimely opposition papers, unanimously affirmed, with costs. [read post]
1 May 2024, 6:00 am
Lacking any evidence of physical abuse, the courts hearing divorce motions will often view these cases as “high conflict” divorces and, in doing so, essentially lay blame on both parties. [read post]
1 May 2024, 5:01 am
" Indeed, courts have denied motions to proceed under a pseudonym in similar circumstances…. [read post]
1 May 2024, 5:00 am
And after a motion for summary judgment – requesting pretrial relief in her favor -- was made, the Suffolk County Supreme Court ended up finding the County liable for the incident and dismissed its “comparative negligence” defense.On its review, the Appellate Division, Second Department, noted that because the collision occurred while SF was stopped that presented “a prima facie case of negligence” on the bus operator’s part. [read post]
1 May 2024, 4:12 am
" The court also found that, although Framboise's motion did not provide "the particular facts surrounding the need for an extension," email correspondence attached to Araujo's response to the motion indicated that Framboise "was experiencing an unexpected delay. [read post]
30 Apr 2024, 11:00 pm
”Since N.J. didn’t satisfy any of those coverage requirements – as he wasn’t the insured, nor a relative, and had “‘severed [his] connection’” with the vehicle, and wasn’t “occupying” it when he was injured – the AD1 “unanimously affirmed” the motion court’s grant of a stay.That's the SUM of it.# # #DECISIONMatter of American Family Mut. [read post]
30 Apr 2024, 8:08 pm
Related StoriesFTC Bans Non-Compete AgreementsThe USPTO's Guidance on Use of AI-based Tools in PracticeThe New York Times Response to Microsoft's Motion to Dismiss: An LLM Is Not a VCR [read post]
30 Apr 2024, 2:18 pm
The trial court denied the motion, but advised the parties that he would deliver a curative instruction to the jury. [read post]
30 Apr 2024, 1:37 pm
Consequently, the district court granted the Motion to dismiss the counterclaims, without prejudice. [read post]
30 Apr 2024, 12:19 pm
30 Apr 2024, 11:46 am
The court granted the defendant’s motion, and the plaintiff appealed. [read post]
30 Apr 2024, 9:18 am
Again, the Court agreed and granted Hammacher’s motion to dismiss. [read post]
30 Apr 2024, 9:07 am
No Changes to Duties Test or Motion Picture Rule The final rule does not change the federal duties test necessary to qualify as exempt. [read post]
30 Apr 2024, 8:09 am
In the recently decided case, the defendant raised several issues during his trial, including a motion to suppress evidence. [read post]
30 Apr 2024, 5:00 am
As such, the Motion to Dismiss was denied. [read post]
30 Apr 2024, 3:46 am
Molson's motion to dismiss on the ground of mootness was therefore premature and so it was denied. [read post]
