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12 Dec 2023, 5:00 am
One such way is by the filing of a motion to transfer venue under the doctrine of forum non conveniens under Pa.R.C.P. 1006(d)(1). [read post]
12 Dec 2023, 4:20 am by Unreported Opinions
Torts — Negligence — Motion for new trial Larry Derr, appellant, sued Ryan John Jakoby, appellee, for negligence following a July 2020 motor vehicle accident. [read post]
12 Dec 2023, 4:00 am
COURT HOLDS SUMMARY JUDGMENT MOTION IN ABEYANCE PENDING DISCOVERYWhen a landlord sought a declaration that it had properly deregulated a stabilized apartment, and moved for summary judgment [i.e., pre-trial relief] in its favor, the New York County Supreme Court ended up denying that request, without prejudice to refiling once all discovery in the case was completed.On appeal, the Appellate Division, First Department, noted that sufficient evidence had been presented which (on its face)… [read post]
11 Dec 2023, 9:05 pm by renholding
In effect, this required that plaintiffs plead evidence required to overcome an affirmative defense that defendants would presumably assert in an answer, where no answer was filed, on a motion to dismiss, with no entitlement to discovery. [read post]
11 Dec 2023, 9:01 pm by renholding
  All three defendants filed separate motions to dismiss, and DeviantArt filed a separate anti-SLAPP motion to strike the right of publicity claims, in which both Midjourney and Stability AI joined. [read post]
11 Dec 2023, 7:37 pm by Sabrina I. Pacifici
The Atlantic [free to read] “…When you order a pair of sweatpants online and don’t want to keep them, a colossal, mostly opaque system of labor and machinery creaks into motion to find them a new place in the world. [read post]
11 Dec 2023, 4:03 pm by Patricia Salkin
   The district court issued two opinions that were appealed: the first opinion adjudicated a motion to dismiss, and dismissed as unripe Plaintiff’s claims arising from the prohibition and removal of Plaintiff’s religiously symbolic structures from the subject property; the second opinion denied in part and granted in part Plaintiff’s motion for a preliminary injunction, specifically, the court declined to enter an injunction allowing… [read post]
11 Dec 2023, 1:38 pm by lennyesq
EST Uploaded: December 11th, 2023 *** Read more… *** Jack Smith filed his opposition to Trump’s motion to stay the election interference case pending before Judge Chutkan in D.C. [read post]
11 Dec 2023, 12:11 pm by Amy Howe
On May 24, 1974, he observed, Watergate special prosecutor Leon Jaworski sought certiorari before judgment after a federal district court in Washington denied a motion by then-President Richard Nixon to quash a subpoena seeking Oval Office tapes. [read post]
11 Dec 2023, 11:51 am by Holly
  To defeat Meta’s motion to dismiss, Silverman essentially had to make a plausible, factual argument that the LLaMA chatbot or the text it generated was an infringing “derivative” or adaptation of her book.[2] While Silverman failed in this regard, her case is not finished. [read post]
11 Dec 2023, 11:44 am by Dennis Crouch
Guest Post from Professors Pamela Samuelson, Christopher Jon Sprigman, and Matthew Sag. [read post]
11 Dec 2023, 9:35 am by Kevin LaCroix
On December 5, 2022, the court granted the plaintiffs’ motion for default judgment in the case. [read post]
11 Dec 2023, 8:32 am by Amy Howe
Alito dissented from the denial of Kennedy’s motion to intervene, explaining that he would have granted it because doing so would not significantly hurt the current challengers or the Biden administration but “may cause irreparable harm” to Kennedy. [read post]
11 Dec 2023, 8:04 am by Legal Profession Prof
An order entered late last week by the District of Columbia Hearing Committee in the Jeffrey Clark matter Upon consideration of Respondent’s Sealed Motion to Vacate January 9 Hearing and Set 2/1/24 Status, and Disciplinary Counsel’s response thereto, and it... [read post]
11 Dec 2023, 7:45 am
(The Academy of Motion Picture Arts and Sciences, the organization behind the Oscars, introduced a category for “popular” movies in 2018 as part of an effort to boost viewer interest. [read post]
11 Dec 2023, 6:51 am by Howard Bashman
Missouri, No. 23–411, Justice Alito issued a dissent from the denial of the motion to intervene. [read post]
11 Dec 2023, 6:45 am by Dan Bressler
” “MMIC’s new motion for a preliminary injunction argued that Rowley and the clinic had done exactly what the insurer feared when it first filed the federal court suit, manufacturing a conflict for the Shuttleworth firm in order to seize control of the malpractice appeal from MMIC. [read post]
11 Dec 2023, 6:41 am by Second Circuit Civil Rights Blog
You can alter the judgment on "such terms as are just" so long as you make the motion "within a reasonable time. [read post]
11 Dec 2023, 5:49 am by Derek Muller
Last week, a federal court denied (in part) a motion to dismiss in French v. [read post]