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10 Apr 2024, 9:06 am
The plaintiff filed a motion to exclude this expert from testifying. [read post]
10 Apr 2024, 7:49 am
Criminal law — Impeachment evidence — Motion to preclude statement After a jury trial in the Circuit Court for Somerset County, James Matthew Robellard, Appellant, was convicted of first- and second-degree murder, attempted first- and second-degree murder, and numerous other crimes arising out of the shooting death of his wife, LaGina Robellard, and the shooting […] The post JAMES MATTHEW ROBELLARD v. [read post]
10 Apr 2024, 7:48 am
The topics that are going to be discussed include filing procedures for motions, responses, complaints, and other documents; organization and process for selecting plaintiffs' lead counsel; and scheduling and frequency of future status conferences. [read post]
10 Apr 2024, 6:51 am
Plaintiff opposed the motion only with an attorney affirmation. [read post]
10 Apr 2024, 6:39 am
Then, you will likely need a lengthy period of inpatient rehabilitation as you either attempt to physically adjust to your new reality or try to regain some strength and motion to the fullest extent possible. [read post]
10 Apr 2024, 6:18 am
Both sets of defendants separately appealed the denial of their summary judgment motions. [read post]
10 Apr 2024, 5:27 am
It may be helpful to file a pretrial motion in limine on the point to obtain a ruling before testimony is presented to the finder of fact. [read post]
10 Apr 2024, 5:00 am
BECAUSE TENANT HADN’T ANSWERED, SUMMARY JUDGMENT WAS INAPPROPRIATEAfter the Bronx County Civil Court awarded the landlord a final judgment of possession in response to a pre-answer motion for summary judgment – that is, relief in ownership's favor, in advance of a formal hearing or trial, and before the tenant even responded to the pleadings – the tenant appealed.On its review, the Appellate Term, First Department, noted that entertaining such a request, at that stage… [read post]
10 Apr 2024, 4:52 am
In opposition to P AMs motion the defendants/third-party plaintiffs contend that plaintiff and PAM are agents of one another and thus PAM is vicariously liable for the plaintiffs alleged fraudulent conduct. [read post]
10 Apr 2024, 4:20 am
The district court granted BBK's summary judgment motion on its infringement claim, as well as on its counterclaim to invalidate four of Central Coast's pending trademark applications (on the ground of lack of bona fide intent). [read post]
10 Apr 2024, 3:00 am
In the corrective action plan attached to this week’s settlement motion, the county admitted that neither deputy tried to call the department’s Mental Evaluation Team, which is designed to help de-escalate interactions with mentally ill people and avoid uses of force. [read post]
9 Apr 2024, 11:00 pm
When the latter sought dismissal of the case – via a motion for summary judgment – the Supreme Court denied the agency’s request.On appeal, the Appellate Division, First Department, was of the view that S.R. hadn’t demonstrated he was qualified for the position at the time he was terminated. [read post]
9 Apr 2024, 9:36 pm
FS Cairo, which postulated that “if a party does not rely on a particular rule of law even though it would be entitled to do so, it is not generally for the court to apply the rule of its own motion. [read post]
9 Apr 2024, 9:01 pm
Goldblatt denied motions filed by multiemployer pension funds to arbitrate debtors’ objections to pension withdrawal liability claims in the United States Bankruptcy Court for the District of Delaware. [read post]
9 Apr 2024, 9:01 pm
***This history places Judge Lumpkin’s hostility to Drummond’s motion in a different light. [read post]
9 Apr 2024, 12:56 pm
Although the court has not yet decided Lincare’s Motion to Dismiss (which was filed before the Leigue decision), it will be interesting to see if the District Court for the Middle District of Florida follows Leigue’s lead, and also dismisses plaintiff’s FTSA class action claims for failure to allege actual damages. [read post]
9 Apr 2024, 12:50 pm
In an opposing motion, attorneys for K’aun Green, a Black college football player whom McNamara shot and injured on the steps of a taqueria two years ago, said there is no need to move the trial. [read post]
9 Apr 2024, 12:44 pm
The New Jersey Supreme Court imposed a one-year retroactive suspension for misconduct described in the report and recommendation of the Disciplinary Review Board This matter was before us on a motion for final discipline filed by the Office of Attorney... [read post]
9 Apr 2024, 11:27 am
In this sense, it drew a parallel with the right to one’s own image, by which someone's image may be circulated without consent for overriding reasons of public interest.The circumstance that the use at hand is commercial (so protected under Articles 41 of the Italian Constitution and 16 of the EU Charter) does not automatically mean that the unauthorized use of one’s own name is undue, also because it could be justified by informational purposes (and thus be protected under… [read post]
9 Apr 2024, 10:30 am
Besides several private litigation actions, Epic Games recently filed a motion accusing Apple of violating an order issued last year under California law barring anti-steering rules in the App Store. [read post]
