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29 Dec 2023, 8:09 am by Eric Goldman
This case (like many I’m covering nowadays) involves heartbreaking facts, but from a legal standpoint, it was never meritorious. [read post]
29 Dec 2023, 7:00 am
” Since his analysis was seen as “speculative, conclusory, and nonresponsive to the specific assertions raised by the defendants' experts,” the AD2 thought the court below had erred, that Gentiva’s motion should have been granted, and that case against them should have been dismissed.Did the plaintiffs not use enough care to oppose that motion? [read post]
29 Dec 2023, 12:00 am
The main culprits include repetitive motion from administrative computer work, heavy lifting and repositioning of patients, frequent bending, twisting, long periods of standing, and rushing. [read post]
28 Dec 2023, 10:17 pm by Ben Allen
It subsequently denied Carter's motion for a downward variance and sentenced him to 108 months' imprisonment - the lowest sentence recommended by the Sentencing Guidelines. [read post]
28 Dec 2023, 9:08 pm by Blair & Kim, PLLC
  The trial court found the mother acted in bad faith and granted the father’s motion for contempt. [read post]
28 Dec 2023, 2:32 pm by Maurice W. McLaughlin
  Keystone filed a motion to dismiss Thomas’s third-party complaint, arguing that the New Jersey Affidavit of Merit Statute requires that an affidavit of merit must be filed within 120 days of a defendant filing an answer when the defendant is a licensed professional and the claims are for negligence or professional malpractice. [read post]
28 Dec 2023, 1:16 pm by Content
For former servicemembers, radiculopathy may be a result of heavy lifting, repetitive motions, or other spinal injuries frequently seen with military tasks or combat-related incidents. [read post]
28 Dec 2023, 10:40 am by Amy Howe
” In a motion filed simultaneously with his petition for review, Sekulow asked the court to decide the case by March 5, 2024 – Super Tuesday, when 16 states and one territory will hold their primary elections – or, at the latest, by the end of the court’s current term. [read post]
28 Dec 2023, 9:35 am by Berry Law
Range of motion is one of the biggest factors in a VA back disability rating. [read post]
28 Dec 2023, 8:56 am by Rebecca Tushnet
Dec. 20, 2023) Mendoza brought the usual California claims, alleging that Vicks Vapo cough and cold treatment products marketed as being for children were identical to the adult versions, only pricier; the court mostly rejected P&G’s motion to dismiss. [read post]
28 Dec 2023, 8:39 am by Jeff DeFrancisco
As a result, the court denied the defendants’ motion for summary judgment, allowing the case to proceed to trial. [read post]
28 Dec 2023, 8:31 am by Daniel M. Kowalski
Because the BIA did not adequately consider Rodriguez’s arguments in support of her motion to remand, we GRANT the petition for review and REMAND the case to the agency to properly consider the merits of Rodriguez’s motion. [read post]
28 Dec 2023, 8:13 am by Daniel M. Kowalski
Collaborates with attorneys, nongovernmental organizations, and nonprofit organizations who represent juvenile noncitizens on discretionary requests, such as joint motions, the timely issuance of Notices to Appear, requests for voluntary departure, and other forms of prosecutorial discretion. [read post]
28 Dec 2023, 7:03 am by Evan Brown
The DMCA safe harbor is typically an affirmative defense to liability, and for it to apply at the motion to dismiss stage, such defense must be evident on the face of the complaint. [read post]
28 Dec 2023, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas addressed a Petition for Transfer under the doctrine of forum non conveniens and denied the same.In his Opinion, Judge Nealon addressed the current status of the law regarding this doctrine and noted that the law had been chipped away at by recent decisions calling into question the continued validity of the arguments made under this doctrine, especially in light of the need to show that the jurisdiction chosen by the Plaintiff was oppressive and… [read post]
Burke dismissed the government’s motion without prejudice, noting that a stay may be appropriate if the Eleventh Circuit or Supreme Court take up these cases. [read post]