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20 Feb 2024, 7:23 pm by Eugene Volokh
Fla. 2023) (denying motion to proceed anonymously where plaintiff did not allege that criminal charges were forthcoming or indicate pending criminal prosecution). [read post]
20 Feb 2024, 7:09 pm by Mary Anne Peck
The court ultimately denied the plaintiff’s motion of class action certification, and the lawsuit was voluntarily dismissed by joint stipulation. [read post]
20 Feb 2024, 3:39 pm by Class Action Defense
Feb. 8, 2024), the Eleventh Circuit unanimously upheld a District Court’s decision granting Nissan’s motion for summary judgment in a wage & hour class … Continue reading "Eleventh Circuit Holds Nissan Is Not Joint Employer Of Florida Dealership Technicians In Wage & Hour Class And Collective Action" [read post]
20 Feb 2024, 1:31 pm by Kevin LaCroix
The parties filed cross-motion for summary judgment on the question of whether or not the earlier subpoena and the later securities suit are or are not related. [read post]
20 Feb 2024, 12:58 pm by Peter S. Lubin and Patrick Austermuehle
A Section 2-615 motion to dismiss and a Section 2-619 motion to dismiss under Illinois law are two distinct legal tools, each serving specific purposes. [read post]
20 Feb 2024, 8:29 am by James E. Novak, P.L.L.C.
According to the facts discussed in the recently published judicial opinion, the defendant appealed the denial of his motion to suppress statements made during a confrontation call between the defendant and his stepdaughter organized by the Avondale Police Department. [read post]
20 Feb 2024, 7:08 am by Eleanor Vaida Gerhards
The lower court granted the New Importer’s motion for summary judgment to dismiss the complaint. [read post]
20 Feb 2024, 6:44 am by Dan Bressler
” “Aaron Silberman and his investment firm AMJ Misil AB LLC submitted a motion to disqualify attorney Felipe Rubio from representing defendant Florencia Hane after he failed to appear on her behalf just two weeks before trial. [read post]
20 Feb 2024, 6:19 am by Second Circuit Civil Rights Blog
The officers tried to dismiss the case on qualified immunity grounds, but that motion failed, so they appealed to the Second Circuit. [read post]
20 Feb 2024, 5:50 am by DeFrancisco & Falgiatano
Plaintiffs joined the army doctor’s motion to dismiss and remand the case back to state court, indicating they did not intend to add the army doctor or the United States as parties. [read post]
20 Feb 2024, 5:15 am by Lindsay A. Heller
Ultimately, defendant filed a motion to amend his complaint for both irreconcilable differences and extreme cruelty (a separate cause of action). [read post]
20 Feb 2024, 5:01 am by Eugene Volokh
At this stage of the proceeding, a plaintiff need only plausibly allege facts going to the ultimate elements of the claim to survive a motion to dismiss. [read post]
20 Feb 2024, 4:00 am by Howard Friedman
[C]ourts appear to be in agreement that a general allegation of religious conflict without identifying a conflicting belief is insufficient to survive a motion to dismiss....... [read post]
20 Feb 2024, 4:00 am by The Law Offices of John Day, P.C.
By way of example, today’s post addresses the issue of whether a plaintiff who is facing a motion to amend may amend his, her or its complaint without filing a motion to amend. [read post]
20 Feb 2024, 4:00 am
”Given that backdrop, the AT1 left the denial of the tenants’ motions undisturbed.Now that seemed like a nuisance.# # #DECISIONHPH Milano, LLC v I. [read post]
And while this may be important for students to understand when studying law in law school, the same information may not be relevant for someone attempting to file a statement of claim, or the requisite materials in response to a motion being brought by the opposing party. [read post]
20 Feb 2024, 3:00 am by Evan Brown
The court granted defendant’s motion for summary judgment. [read post]
19 Feb 2024, 10:00 pm
Unreceptive to that claim, the Westchester County Supreme Court dismissed the case in response to the landlord’s motion for summary judgment -- i.e., pre-trial relief in its favor -- and VMS appealed.On its review, the Appellate Division, Second Department, noted that the landlord had the “burden of proof” to show it wasn’t at fault for the accident. [read post]