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23 Mar 2024, 10:13 am
The Court, therefore, denied the motion to dismiss and ordered CBP to reset the entries to unliquidated status. [read post]
23 Mar 2024, 7:47 am
From the largest Russian missile strikes on Ukrainian infrastructure to the shifting energy policies of major powers like India, the Ukraine crisis has set in motion a series of geopolitical tremors that are being felt across the globe. [read post]
23 Mar 2024, 4:45 am
Grounds for Suppressing Blood Test Results On appeal, the defendant argued that the trial court erred in denying his motion to suppress the blood test results due to his limited English proficiency, which he contended prevented him from providing valid consent. [read post]
23 Mar 2024, 4:01 am
At the hearing on the matter, the debtor contends that it was not provided with sufficient notice of the hearing on the motion to convert and that it was not timely served with notice of the motion. [read post]
23 Mar 2024, 3:29 am
The court granted the motion, prompting the plaintiff to appeal. [read post]
22 Mar 2024, 3:30 pm
In the motion for protective order and at the hearing on the motions, Rubin's attorney complained—immaterially and absent pleadings or evidence—that Jacobson had been defaming the Rubinses. [read post]
22 Mar 2024, 1:36 pm
District Court for the Eastern District of Pennsylvania highlights important distinctions in how courts analyze conditional certification motions under the Fair Labor Standards Act (“FLSA”) and class certification motions under Rule 23 … Continue reading "Pennsylvania Federal Court Ruling Highlights Different Standards For Class And Collective Action Certification" [read post]
22 Mar 2024, 1:27 pm
Which, says the Fifth Circuit, still doesn't give an appellate court jurisdiction to review procedurally improper post-judgment motions. [read post]
22 Mar 2024, 9:45 am
(Note that our motion to unseal is still pending.) [read post]
22 Mar 2024, 9:27 am
Berry (Summary process; motion to dismiss pursuant to Anti-SLAPP (52-196a); 111 Clearview Drive, LLC v. [read post]
22 Mar 2024, 9:19 am
A request for equitable adjustment does not set those mechanisms (or their corresponding deadlines) into motion. [read post]
22 Mar 2024, 8:59 am
Roberts(Legal malpractice; motion to open and set aside judgment of nonsuit; claim that trial court abused its discretion in denying plaintiff's motion to open and set aside judgment of nonsuit; whether trial court erred in finding that plaintiff failed to show that good cause of action existed at time of judgment of nonsuit and that she was prevented from prosecuting action by mistake, accident or other reasonable cause). [read post]
22 Mar 2024, 8:44 am
Commissioner of Correction (Amended administrative directive subject to ex post facto scrutiny; claim that motion to dismiss was improperly denied) [read post]
22 Mar 2024, 6:24 am
Motions to compel arbitration are routinely granted, but that is not always the case. [read post]
22 Mar 2024, 6:00 am
Court of Appeals, Second Circuit, said it agreed with the district court's ruling, explaining "To survive a motion to dismiss, a complaint must allege 'enough facts to state a claim to relief that is plausible on its face.'” Further, said the Court of Appeals, "To state a First Amendment retaliation claim, a plaintiff must plausibly plead that: “(1) his speech or conduct was protected by the First Amendment; (2) the defendant took an adverse… [read post]
22 Mar 2024, 6:00 am
Court of Appeals, Second Circuit, said it agreed with the district court's ruling, explaining "To survive a motion to dismiss, a complaint must allege 'enough facts to state a claim to relief that is plausible on its face.'” Further, said the Court of Appeals, "To state a First Amendment retaliation claim, a plaintiff must plausibly plead that: “(1) his speech or conduct was protected by the First Amendment; (2) the defendant took an adverse… [read post]
22 Mar 2024, 4:59 am
Sebco Dev., Inc. v Siegel & Reiner, LLP 2024 NY Slip Op 50292(U) Decided on March 20, 2024 Supreme Court, Bronx County Gomez, J. is the kind of legal malpractice case that comes up often enough to support the idea that real estate in NYC is a paramount, driving economic force, and that the extensive lawyering necessary results in many legal malpractice cases. [read post]
22 Mar 2024, 4:00 am
Conversely, if a party wanted to vacate a construction lien, they would do so by filing an Application in Superior Court, using form 14E, while in Toronto, the same procedure would be commenced by instead filing a motion (including an originating motion), to ensure the matter was reviewed b [read post]
21 Mar 2024, 8:12 pm
Related StoriesThe New York Times Calls Out OpenAI on Its Motion to DismissMicrosoft's Motion to Dismiss NY Times Lawsuit over ChatGPT: How is ChatGPT Like a VCR? [read post]
21 Mar 2024, 4:54 pm
Other motions are motions to dismiss. [read post]
