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1 Dec 2023, 9:46 am
District Court for the Middle District of Florida granted an insurer’s motion for summary judgment after considering extrinsic evidence on the issue of the insurer’s duty to defend in an action seeking a declaration that the insured’s garage general liability policy did not cover claims […] [read post]
1 Dec 2023, 9:00 am
Under the Fifth Circuit’s new standard, a plaintiff’s Title VII claim can survive a motion to dismiss by pleading adverse actions with respect to the “terms, conditions, or privileges of employment” without showing that their ... [read post]
1 Dec 2023, 9:00 am
Under the Fifth Circuit’s new standard, a plaintiff’s Title VII claim can survive a motion to dismiss by pleading adverse actions with respect to the “terms, conditions, or privileges of employment” without showing that their ... [read post]
1 Dec 2023, 8:54 am
Commissioner of Correction (Habeas corpus; motion to open or vacate judgment) [read post]
1 Dec 2023, 8:53 am
(Quiet title; whether trial court abused its discretion by dismissing plaintiff's action as sanction for her alleged abuse of discovery; motion for reassignment; motion for summary judgment) [read post]
1 Dec 2023, 8:31 am
NG, in turn, filed the Motion. [read post]
1 Dec 2023, 6:50 am
Iqbal, the landmark Supreme Court ruling from 2009 that now guides all motions to dismiss under Rule 12. [read post]
1 Dec 2023, 6:00 am
Judge Brookman agreed with the Plaintiff and DENIED the Motion to Dismiss for lack of personal jurisdiction. [read post]
1 Dec 2023, 5:34 am
From the Messenger: Friday is set to be a packed day for Fulton County Superior Court Judge Scott McAfee with morning and afternoon hearings scheduled to sort through a raft of pretrial motions in the ongoing Georgia election racketeering… Continue reading The post “Georgia vs. [read post]
1 Dec 2023, 5:01 am
Thus, Leagle's reporting is protected by the fair report privilege and the motion should be denied. [read post]
1 Dec 2023, 4:34 am
The Government also highlighted that “direct tax[es] include[] only those taxes that are susceptible to apportionment in the first instance, for otherwise absurd results would attain,” which follows the Brill/Pomerleau brief, but without the specific point about domesticity.[5] Notably, the Government did not argue in its motion to dismiss before the district court—but as it now does before the Supreme Court—that the MRT is an excise tax on the use of a… [read post]
1 Dec 2023, 4:12 am
The entire mark is the fawn in motion. [read post]
1 Dec 2023, 3:31 am
” “In support of their motion, defendants submitted plaintiffs’ complaint, attached to which, as relevant here, is decedent’s will, a January 2020 amended decree from the Kings County Surrogate’s Court, the retainer agreement between Salus and defendants and a March 2020 settlement agreement. [read post]
1 Dec 2023, 3:00 am
National/Federal Antagonisms Flare as Red States Try to Dictate How Blue Cities Are Run MSN – Molly Hennessy-Fiske (Washington Post) | Published: 11/27/2023 Despite long advocating small government and local control, Republican governors and legislators across a significant swath of the country are increasingly overriding the actions of Democratic cities – removing elected district attorneys or threatening to strip them of power, taking over election offices, and otherwise… [read post]
30 Nov 2023, 10:06 pm
I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever written about… [read post]
30 Nov 2023, 9:05 pm
Supp. 3d 352, 379 (S.D.N.Y. 2020) (granting motion for preliminary injunction against Telegram). [9] S.E.C. v. [read post]
30 Nov 2023, 3:06 pm
The case settled a month before trial while cross-motions for summary judgment were pending before the Court. [read post]
30 Nov 2023, 2:53 pm
The validity of the OLL Endorsements was challenged on cross-motions for judgment on the pleadings before the Trial Court. [read post]
30 Nov 2023, 2:32 pm
The settlements came with trial only a month away in a hotly contested case involving 10+ depositions, over a million pages of documents, and significant law and motion practice. [read post]
30 Nov 2023, 2:26 pm
Despite the plaintiff’s subsequent motion for an extension of time to respond, the court granted both of the defendants’ motions to dismiss and the plaintiff appealed. [read post]
