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3 Apr 2024, 11:26 am by Eric Goldman
To avoid Section 230, the government first tried the very tired argument that Section 230 is an affirmative defense that cannot be asserted against a motion to dismiss. [read post]
3 Apr 2024, 10:29 am by Lynette Boyd
Motion for a New Trial: Another avenue is by filing a motion for a new trial. [read post]
3 Apr 2024, 9:13 am by Dennis Crouch
Citations: [1] https://patentlyo.com/patent/2023/12/motion-remand-xencor.html [2] https://patentlyo.com/patent/2024/01/important-antibody-description.html [3] https://cafc.uscourts.gov/01-23-2024-23-2048-in-re-xencor-inc-order-23-2048-order-1-23-2024_2257719/ [read post]
3 Apr 2024, 8:47 am by Scott Riddle
‘” More than six months after confirmation and three months after the Plan had been substantially consummated, Debtor filed its motion to modify the plan. [read post]
3 Apr 2024, 7:57 am by Eric S. Solotoff
Now, most judges believe that the duty to report is after a trial where there is testimony and evidence, and not during the pre-trial/motion stage. [read post]
3 Apr 2024, 7:21 am by Class Action Defense
District Court for the Western District of Missouri denied HomeServices of America’s (“HomeServices”) motion to decertify a class of home sellers alleging that that Defendants violated the Sherman Act by entering into a … Continue reading "Defendant’s Motion For Decertification Denied By Missouri Federal Court In Antitrust Home-Selling Commission Class Action" [read post]
3 Apr 2024, 7:00 am by Katie Rogers
The Northern District of Illinois decided on a motion to dismiss that although “certified sustainable seafood” claims may be permissible in this case, general “good for the environment” claims require further review and so the Court partially denied ConAgra’s motion to dismiss. [read post]
3 Apr 2024, 6:51 am by Dan Bressler
Magistrate Judge Rukhsanah Singh, both in New Jersey, comes after Johnson & Johnson filed motions to disqualify Birchfield and his firm from leadership of the talc litigation. [read post]
3 Apr 2024, 5:00 am
COMPLAINT WASN’T LEFT WITH AN AUTHORIZED INDIVIDUAL OR SECRETARY OF STATEAfter the New York County Supreme Court denied Palms Salon motion to dismiss the case brought against it for "lack of jurisdiction," the company appealed.And on its review of the record, the Appellate Division, First Department noted that the defendant had properly preserved the objection in its answer, and that the court below had committed reversible error by not entertaining the application.Among… [read post]
3 Apr 2024, 4:05 am by Howard Friedman
Only a claim against the Church and its Pastor for intentional fraud based on false representations and a claim for negligence against the Church survived defendants' motion to dismiss. [read post]
3 Apr 2024, 3:44 am
District Court for the Central District of California not only denied Kate Spade's motion for summary judgment but affirmed the Board's decision. [read post]
3 Apr 2024, 3:13 am by Dylan Gibbs
The motion judge tossed the suit, saying the shareholders didn’t have any reasonable prospect of proving a material change in Lundin’s business, operations, or capital (as required by the Securities Act). [read post]
3 Apr 2024, 1:00 am by Kristopher Rodriguez
Air Bags In Hollywood, airbags tend to open in slow motion during the car accident but they tend to open a bit late after the accident. [read post]
2 Apr 2024, 9:01 pm by renholding
Legislation proposing to amend the General Corporation Law of the State of Delaware (the “DGCL”) has been approved by the Council of the Corporation Law Section of the Delaware State Bar Association and is expected to be introduced to the Delaware General Assembly for consideration during its 2024 regular session. [read post]
2 Apr 2024, 4:49 pm
</span> </p> <p> <span style="display: initial;"> <br/> </span> </p> <h2> <span style="display: initial;"> Getting Started with Estate Planning </span> </h2> <p> <span style="display: initial;"> <span style="display: initial;"> <br/> Once you have a handle… [read post]
2 Apr 2024, 1:42 pm by Ashley Belanger
In a motion to dismiss filed in Texas' northern district last month, MMFA argued that X's lawsuit should be dismissed not just because of a "fatal jurisdictional defect," but "dismissal is also required for lack of venue. [read post]
In his response to the plaintiff-abortion clinics’ motion for judgment on the pleadings, Yost acknowledged that “the language of the Amendment makes clear that the core prohibition itself is invalid under the latest version of the Ohio Constitution. [read post]
2 Apr 2024, 10:56 am by Adam Klasfeld
Justice Engoron entered his order on Feb. 23, setting into motion the accrual of post-interest judgment at a rate of more than $110,000 a day. [read post]