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7 Mar 2024, 7:00 am
These motions are difficult to won, and Judge Hellerstein does not give extended discussion on this, noting that the evidence of sexual harassment was "overwhelming" and "no employee is required to experience such harassments, male or female. [read post]
7 Mar 2024, 6:59 am
SBK Delivery, LLC has prevailed in its motion to decertify a collective action under the Fair Labor Standards Act seeking overtime on behalf of a driver and other drivers whom he claims were similarly misclassified as independent contractors. [read post]
7 Mar 2024, 6:43 am
Defendant filed a pre-trial motion to suppress the results of the search, but the trial court denied the motion after a suppression hearing. [read post]
7 Mar 2024, 4:53 am
Shortly after, Wife filed a motion to dismiss Husband’s motion. [read post]
7 Mar 2024, 4:00 am
XTO’s motion for summary judgment was granted and the case was dismissed. [read post]
7 Mar 2024, 4:00 am
”When their motion for summary judgment – pre-trial relief in their favor – was denied by the Bronx County Supreme Court, the defendants appealed.On its review of the record, the Appellate Division, First Department, noted that because defendants did not offer a “proper foundation,” or otherwise “authenticate” the video evidence, the court below had thus “providently exercised its discretion” when it denied them the requested relief. [read post]
6 Mar 2024, 5:40 pm
Word to our robed readers- when will you stop agreeing with prosecutors that defense motions do not need an evidentiary hearing? [read post]
6 Mar 2024, 4:59 pm
At the Case Management Conference, the judge suggests that in light of the correspondence from the claimant’s solicitors, the case may be a SLAPP and on her own motion orders a hearing for a determination. [read post]
6 Mar 2024, 1:14 pm
The NCAA Defends its Policies Limiting “Pay-for-Play” and “Improper Recruiting Inducements” The NCAA’s response to the Plaintiff States’ motion for a temporary restraining order emphasized the “longstanding and fundamental prohibitions against the professionalization of college sports” that have been at the heart of NCAA guidelines for decades, and noted that NCAA member institutions have agreed to abide by NCAA policies. [read post]
6 Mar 2024, 12:45 pm
The court also rejected Meta’s motion to compel arbitration; these claims, asserted in its capacity as Meta competitor, were outside the scope of the agreement Metroplex signed to run its Facebook pages. [read post]
6 Mar 2024, 12:44 pm
Leav & Steinberg’s New York attorneys defeated motions made to dismiss the case by the building owner and the maintenance company. [read post]
6 Mar 2024, 12:42 pm
The Defendant brought two unsuccessful motions: a pre-trial strike the claim for special damages, and a mid-trial motion to strike certain jury questions. [read post]
6 Mar 2024, 12:32 pm
The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel. [read post]
6 Mar 2024, 10:15 am
Sanofi Pasteur Inc. affirming lower rulings by the Patent Trial and Appeal Board (PTAB) that invalidated Pfizer’s patent claims and denied motions to amend (MTA). [read post]
6 Mar 2024, 10:15 am
Sanofi Pasteur Inc. affirming lower rulings by the Patent Trial and Appeal Board (PTAB) that invalidated Pfizer’s patent claims and denied motions to amend (MTA). [read post]
6 Mar 2024, 9:37 am
Wal-Mart * CaféPress Denied 230 Motion to Dismiss–Curran v. [read post]
6 Mar 2024, 9:37 am
Haught(Appellate Jurisdiction; Whether Appeal From Denial of Motion for Summary Judgment Based on Collateral Estoppel Properly Dismissed for Lack of Subject Matter Jurisdiction). [read post]
6 Mar 2024, 6:38 am
On the heels of a motion to dismiss, ABC amended its complaint to address any claimed deficiencies in pleading injury in fact and to identify examples of member contractors of each association who were injured by the Final Rule. [read post]
6 Mar 2024, 6:21 am
For example, cars backing up out of a parking spot must yield to the vehicles in motion. [read post]
6 Mar 2024, 6:13 am
Plaintiff filed a motion for summary judgment supported by a detailed statement of material facts. [read post]
