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2 Jan 2024, 10:45 am by Christopher Simon
The defense team for the trucking company filed a motion for summary judgment with the trial court, arguing that it was all the fault of the driver who hit her from behind and that their being stopped in the road did not make them responsible when it all started with someone else’s negligence. [read post]
Wingate emphasized that the case thus could not bring a “particular motion for injunctive relief either individually or collectively. [read post]
2 Jan 2024, 9:45 am by Tobin Admin
In other words, a complaint filed by either husband would have been subject to a motion to dismiss for failure to state a claim. [read post]
2 Jan 2024, 9:33 am by Jon Brodkin
As previously reported, Cohen's lawyer, David Schwartz, cited three cases that do not exist in a motion seeking early termination of Cohen's supervised release. [read post]
2 Jan 2024, 9:17 am by Kalvis Golde
The district court denied that motion as well, and the U.S. [read post]
” Previously, the plaintiffs’ motion for preliminary injunction was blocked because the court found the NAACP, and other plaintiffs, lacked standing. [read post]
2 Jan 2024, 5:00 am by Robin E. Kobayashi
CALIFORNIA COMPENSATION CASES Vol. 88, No. 12 December 2023 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE LexisNexis Online Subscribers: You can link to your account on Lexis+ to read the complete headnotes and court decisions, en banc decisions, writ denied summaries, panel decisions and IMR decisions. [read post]
2 Jan 2024, 4:55 am by Peter J. Sluka
By order dated December 21, Judge Gardephe denied Eagle Point’s motion. [read post]
2 Jan 2024, 3:58 am
Cancellation Attack on THE EDUCATION LAWYERS Flunks Genericness and Mere Descriptiveness Tests Discovery/Evidence/Procedure: Precedential No. 32: No Preclusive Effect in Cancellation Proceeding if Challenged Registration Survives Reexamination or Expungement TTAB Issues Protective Order Excluding Petitioner's Executive Director from Taking or Attending the Depositions of Two Witnesses, Due to Past Harassment Precedential No. 30: TTAB Grants Motion for Leave to Take Foreign… [read post]
1 Jan 2024, 10:00 pm by Tristan R. Pettit, Esq.
Current law does not require notice to the noncomplying party before a motion to vacate the stipulation. [read post]
1 Jan 2024, 10:00 pm by Tristan R. Pettit, Esq.
Current law does not require notice to the noncomplying party before a motion to vacate the stipulation. [read post]
1 Jan 2024, 2:22 pm by Evan Brown
The court, however, denied their motion for injunctive relief, finding that X failed to demonstrate a likelihood of success on the merits of its constitutional claims. [read post]
1 Jan 2024, 8:53 am by Adrian Santiago
However, the court denied NJ Transit’s motion to dismiss, affirming that NJ Transit operates as an independent entity and is not a state instrumentality for the purposes of sovereign immunity. [read post]
1 Jan 2024, 4:00 am
But since the other named party was the actual owner of the premises, the AT1 thought it was error to dismiss its pleadings on the grounds that it was a “foreign limited liability company that lacked a certificate of authority to do business in New York,” because the tenant failed to preserve that objection (by not raising it in her answer or asserting it in a pre-answer motion to dismiss).It also thought it was “improvident” of the court to refer the counterclaims… [read post]
1 Jan 2024, 1:59 am by Marcel Pemsel
As regards the questions of distinctiveness of titles of work, the Grand Board of Appeal of the EUIPO will have the chance to decide whether the trade marks ‘1984’ and ‘ANIMAL FARM’ are registerable inter alia for ‘motion picture films’ and ‘books’. [read post]