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28 Feb 2024, 3:15 am
Because no such steps were taken here, the court denied the defendants’ motion to dismiss and allowed the case to proceed under the entire fairness standard. [read post]
27 Feb 2024, 9:01 pm
District Court Judge Allen Windsor granted the state defendants’ motions to dismiss Disney’s lawsuit. [read post]
27 Feb 2024, 3:25 pm
In this excerpt from the CAFE Insider podcast, Preet Bharara and Joyce Vance break down the Alabama Supreme Court ruling that frozen embryos are children under state law, and individuals may be held liable for destroying them.In the full episode, Preet and Joyce discuss the latest developments in former President Donald Trump’s criminal prosecutions:– Manhattan DA Alvin Bragg’s request for a partial gag order against Trump in the hush money prosecution, citing his history of… [read post]
27 Feb 2024, 2:36 pm
While we're waiting to see what the Supreme Court does with former President Trump's application to stay the proceedings in the D.D.C. criminal case so that he can appeal the court of appeals' rejection of his motion to dismiss the indictment on "immunity" grounds," I have a new post up at Lawfare about why the substantive stakes of that argument are much less than what many might assume. [read post]
27 Feb 2024, 2:32 pm
The February 12, 2024, Order In a February 12, 2024, Order, Northern District of California Judge Beth Labson Freeman, applying California law, granted the insurer’s partial summary judgment motion, holding that Life Science 180 was entitled to advancement of the subpoena-related defense expenses and that the insurers has not established that the Change in Control Exclusion precluded coverage because they had not shown that the subpoena related to post-merger Wrongful Acts. [read post]
27 Feb 2024, 11:22 am
The motion court properly held that under New... [read post]
27 Feb 2024, 11:07 am
But the trial court denied the motion to exclude, concluding that an investigating officer was presumptively qualified as an expert. [read post]
27 Feb 2024, 10:00 am
A pre-trial motion is another way in which a case may end before trial. [read post]
27 Feb 2024, 9:28 am
Respondent’s motion to transfer venue is DENIED, the petition for review is GRANTED, the BIA’s decision is VACATED, and the case is REMANDED for further proceedings consistent with this order. [read post]
27 Feb 2024, 8:44 am
Likewise inappropriate was the court’scomment that after plaintiff filed a motion for child support, defendant, “of course, . . . responds by not just asking for parenting time, but moves for custody. [read post]
27 Feb 2024, 5:41 am
The court denied the Plan’s motion and concluded that plaintiff had exhausted his administrative remedies. [read post]
27 Feb 2024, 5:18 am
For some reason, recent events, unfolding like slow-motion train wrecks, have me thinking about Abraham Lincoln and the way he got things done. [read post]
27 Feb 2024, 4:48 am
.): 1 Complaint 13-1 federal Motion to Dismiss 14-1 Red Lake Motion for Summary J 23 Federal Reply 25 Red Lake Reply 28 DCt Order [read post]
27 Feb 2024, 1:00 am
Now in its 19th year, OMAHA FILM FESTIVAL affords “independent film artists a platform for sharing their work,” while celebrating “the artistic, educational, and historical importance of motion pictures. [read post]
26 Feb 2024, 10:00 pm
” And when the operator of the school sought to have the claims asserted against it thrown out, the court granted that request.On appeal, the Appellate Division, Second Department, reiterated established law that when pleadings are subject to attack, by way of a motion to dismiss, the underyling allegations are typically accepted as true, with the court’s analysis focused on whether cognizable legal claims have been asserted. [read post]
26 Feb 2024, 10:00 pm
Summary Judgment: Making the Motion (Federal) Find everything you need to know about making a winning motion for summary judgment in this practice note. [read post]
26 Feb 2024, 9:16 pm
Upon filing a motion, the court may award attorney’s fees to a successful litigant in a writ of mandamus lawsuit. [read post]
26 Feb 2024, 9:15 pm
Accordingly, the court grants summary judgment in favor of Plaintiff as to Counts I and II, denies the SEC’s and NAM’s cross-motions, and vacates the definitional amendment codified at 17 C.F.R. [read post]
26 Feb 2024, 2:48 pm
The Board again moved to dismiss, and the district court granted the motion holding that the statute of limitations under Section 702 began running when Regulation II was published in 2011. [read post]
26 Feb 2024, 12:25 pm
On appeal, the Federal Circuit has affirmed — particularly affirming Judge Albright rejection of Freshub’s post-verdict motions. [read post]
