Search for: "In the Matter of a Motion to Compel"
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10 Jul 2023, 3:55 am
“A [*2]motion to compel responses to demands and interrogatories is properly denied where the demands and interrogatories seek information which is irrelevant, overly broad, or burdensome” (Bennett v State Farm Fire & Cas. [read post]
9 Jul 2023, 9:02 pm
Supreme Court in a five-four decision held that a litigation stay is required when an interlocutory appeal permitted by Section 16(a) of the Federal Arbitration Act (FAA) is taken from a federal district court order denying a motion to compel arbitration. [read post]
8 Jul 2023, 4:33 pm
While views vary on the causes, the usual suspects include the much greater volume and cost of discovery involving electronically stored information, the time-consuming motion practice it often spawns, high-stakes challenges to experts and the opinion evidence they sponsor, and case-dispositive motions for summary judgment. [read post]
7 Jul 2023, 1:16 pm
Plaintiff’s husband, compelled to work side-by-side with other workers without proper protections, contracted COVID-19 and fell ill. [read post]
5 Jul 2023, 9:31 am
The District Court denied the motion to compel arbitration. [read post]
2 Jul 2023, 2:38 pm
For the following reasons, we affirm the judgment of the district court granting Underwriters' motion to compel arbitration and dismissing Green's claims without prejudice. [read post]
28 Jun 2023, 6:25 am
In this case, the district court denied the motion to compel arbitration, and Coinbase appealed to the Ninth Circuit Court of Appeals. [read post]
27 Jun 2023, 11:58 am
Congress amended the Federal Arbitration Act in 1988 to allow an interlocutory appeal of decisions denying a motion to compel arbitration and refusing to stay proceedings pending arbitration. [read post]
26 Jun 2023, 11:13 am
The district court denied the motion, keeping the litigation in the courts. [read post]
26 Jun 2023, 5:01 am
Johnson did file a motion to seal all the records in that criminal case, which was denied. [read post]
23 Jun 2023, 10:26 am
Because there was no evidence regarding these factors (indeed, there was no evidence at all), the trial court could not determine whether the firefighters' expectation of privacy was reasonable as a matter of law. [read post]
23 Jun 2023, 6:55 am
This surprised the Moores, who had never received any dividends from the company and lacked the authority to compel a dividend payment. [read post]
21 Jun 2023, 12:05 pm
Otherwise, the association can file a motion with the Court and set a hearing within as little time as a few weeks to have the matter heard. [read post]
20 Jun 2023, 3:10 pm
The Court further held the Government should be given significant deference in moving to dismiss, even when the whistleblower objects, advising district courts to grant the motion absent compelling circumstances. [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
18 Jun 2023, 7:36 am
Because of this possibility, these matters are highly contested because the stakes are so high. [read post]
14 Jun 2023, 6:25 am
The practice guide provides exhaustive coverage on all pretrial matters , including: Client interview Subject matter and personal jurisdiction Anti-SLAPP motions Pretrial injunctive relief Oral depositions Discovery motion procedure and sanctions Summary judgment and summary adjudication Settlement and release California Civil Procedure Before Trial is just one of thirteen practice guides for California practitioners. [read post]
13 Jun 2023, 9:14 am
The State of New York filed its Answer on May 5, 2023, and this matter continues to be litigated. [read post]
12 Jun 2023, 8:17 am
In a May 1, 2023 article written by Jon Steingart for Law360 Employment Authority, the publisher of this blog was quoted as follows: “Letting workers set their own rates is a compelling data point in the constellation of factors that go into demonstrating independent contractor status. [read post]
10 Jun 2023, 8:04 am
Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if [read post]