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21 Mar 2024, 3:16 pm
The court granted the motion, and the plaintiff appealed. [read post]
21 Mar 2024, 1:47 pm
Richard denied the claims and filed a motion for summary judgment arguing that the LLC lacked standing to bring the lawsuit. [read post]
21 Mar 2024, 1:01 pm
Significantly, Sirius’s decision to concede and preserve the issue for appeal avoids lengthy motion practice and unnecessary legal fees on a precedential issue already resolved by the Tax Court. [read post]
21 Mar 2024, 9:28 am
The copyright laws underwent a major revision on October 19, 1976, which listed the categories for copyright protection as (1) literary works; (2) musical works, including accompanying words; (3) dramatic works, including accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic and sculptural works; (6) motion pictures and other audiovisual works; and (7) sound recordings. [read post]
21 Mar 2024, 8:40 am
Jan. 16, 2024) The court grants plaintiff's motion for reconsideration of parts of this case, discussed previously. [read post]
21 Mar 2024, 8:16 am
In granting the plaintiff's motion for summary judgment on her Due Process and Equal Protection claims, the district court found that the plaintiff could not "reasonably be classified as a cosmetologist as it is defined and regulated presently," and "[e]ven if [she] were defined to be a cosmetologist, the licensing regimen would be irrational as applied to her because of her limited range of activities," which overlapped only minimally with the types of activities… [read post]
21 Mar 2024, 7:31 am
The trial court denied the motion. [read post]
21 Mar 2024, 7:04 am
(As is usual with decisions on a motion to dismiss, the court did not decide whether the allegations were actually correct.) [read post]
21 Mar 2024, 6:49 am
.): 1-3 State Court Complaint.pdfDownload 25 Motion to Remand.pdfDownload 29 Response.pdfDownload 32 Reply.pdfDownload 33 DCT Order.pdfDownload [read post]
21 Mar 2024, 6:34 am
While the mandamus petition was pending, Judge Albright issued the written decision denying Apple’s transfer motion. [read post]
21 Mar 2024, 6:30 am
The district court rejected the officer's motion for summary judgment, holding that factual disputes prevented the grant of qualified immunity and that the jury would have to decide what really happened before the court could determine whether the officer acted reasonably under the circumstances, a prerequisite to immunity. [read post]
21 Mar 2024, 5:00 am
In the matter before the Court on the motion to remand, the defendant asserted that the removal was timely based upon when information was obtained during discovery regarding the amount in controversy. [read post]
21 Mar 2024, 4:14 am
” He added that “Specifically, Cohen repeatedly and unambiguously testified at the state court trial that he was not guilty of tax evasion and that he had lied under oath to Judge Pauley when he pleaded guilty to those crimes…This testimony is more troubling than the statements that Cohen had previously made in his book and on television — statements that the Court had specifically cited in denying Cohen’s third motion for early termination of supervised… [read post]
21 Mar 2024, 4:05 am
Pendleton need not produce documentation of his alleged soy allergy to survive a motion to dismiss.... [read post]
20 Mar 2024, 11:00 pm
And when the parties subsequently engaged in motion practice – with E.R. seeking to strike the defendants’ answer or to preclude evidence at trial due to discovery noncompliance, and the defendants cross-moving for summary judgment; pre-trial relief in their favor – the Kings County judge ended up siding with the defendants and dismissed the case.Among other things, in addition to their being no court order related to discovery, E.R. failed to show the defendants’… [read post]
20 Mar 2024, 10:01 pm
The court denied the motion, finding that plaintiff had established only possible economic injury, not the kind of irreparable harm required for the issuance of a temporary restraining order. [read post]
20 Mar 2024, 8:24 pm
Tool Without A Handle: Are You Not Trained? [read post]
20 Mar 2024, 8:24 pm
Tool Without A Handle: Are You Not Trained? [read post]
20 Mar 2024, 8:12 pm
The trial court granted the motion and the grandmother appealed. [read post]
20 Mar 2024, 8:11 pm
Walker plaintiffs filed a motion to reassign to Judge Thompson. [read post]