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30 Aug 2024, 3:00 am by Meredith Ervine
In In re Alphabet, the Ninth Circuit held that falsity allegations could survive a motion to dismiss when the complaint plausibly alleged that a company’s Securities and Exchange Commission (SEC) filings warned that risks “could” occur, when in fact those risks had already materialized. [read post]
29 Aug 2024, 9:17 pm by Patent Docs
By Joshua Rich -- In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to dismiss almost all of the claims asserted against them. [read post]
29 Aug 2024, 7:04 pm by Sabrina I. Pacifici
Many of these changes are unprecedented, and some of the shifts are in motion now, while some – such as continued sea level rise – are already ‘irreversible’ for centuries to millennia, ahead, the report warns. [read post]
29 Aug 2024, 3:33 pm by Sandy T. Fox
Reportedly, in August 2023, the wife relocated to Baltimore with the two minor children without the husband’s consent or filing a petition for relocation, prompting the husband to file an emergency motion to compel the return of the children to Florida. [read post]
29 Aug 2024, 2:55 pm by Arfaa Law Group
Consequently, the court granted the defendants’ motion to dismiss the claim, allowing the case to proceed solely on the medical malpractice claim. [read post]
29 Aug 2024, 1:25 pm by Second Circuit Civil Rights Blog
The court granted the Rule 50 motion but decided to allow the jury to issue a verdict anyway. [read post]
29 Aug 2024, 1:06 pm by Jon Brodkin
Enlarge / Motion Picture Association CEO Charles Rivkin speaks onstage during CinemaCon, a convention of the National Association of Theatre Owners, at Caesars Palace on April 9, 2024, in Las Vegas, Nevada. [read post]
29 Aug 2024, 12:58 pm by Ambrosio Rodriguez
Get A Free Case Evaluation Quick Navigation Menu How a Los Angeles Criminal Defense Attorney Can Help Following an Arrest Protecting and Supporting You from Day One – As Lawyers and as Humans Saving You Money How Attorneys Assess the Merits of the Case Negotiates a Plea Bargain Professionally Handles Your Arraignment, Pre-Trial Motions, Get a Free Consultation With a Los Angeles Criminal Defense Lawyer   HOW A LOS ANGELES CRIMINAL DEFENSE ATTORNEY CAN HELP FOLLOWING AN ARREST… [read post]
29 Aug 2024, 12:35 pm by Ambrosio Rodriguez
They can do this upon a defense motion at the preliminary hearing, at sentencing, or after you have successfully completed felony probation. [read post]
29 Aug 2024, 10:05 am by Ambrosio Rodriguez
Enforcement of Agreement: The defendant can file a motion to enforce the plea agreement, compelling the prosecution to uphold their end of the deal. [read post]
29 Aug 2024, 10:02 am by Patrick J. Murphy, Esq.
The trial court heard arguments on the motion to suppress the firearm and other evidence obtained from the backpack. [read post]
29 Aug 2024, 9:30 am by BenchMark
The litigation involved extensive challenges, including an initial denial of coverage based on a “professional services exclusion,” multiple motions for summary judgment, a successful appeal, and complex legal questions regarding the duty to defend. [read post]
29 Aug 2024, 8:53 am by Rebecca Tushnet
” True, many cases say that, on a motion to dismiss, “a federal trial judge, with a background and experience unlike that of most consumers, is hardly in a position to declare” what consumers know. [read post]
29 Aug 2024, 8:10 am by Eugene Volokh
And here is an excerpt from the account in Stanford's motion to dismiss: Plaintiff was a lecturer in the Stanford Introductory Studies ("SIS") program. [read post]
  However, the court did not issue a final judgment, as it still has to rule on the motion of certain intervenors to amend their complaint to add a claim focused on the legality of the CFPB being funded by the Federal Reserve Board, when since September, 2022, the combined earnings of the Federal Reserve System has been negative.... [read post]
29 Aug 2024, 7:15 am by nyaccidentlaw
  According to the recent decision granting our motion for preclusion of evidence, the defendant’s expert report was unreliable. [read post]
29 Aug 2024, 6:13 am by Ryan Mulvey
— in a case concerning a report on the inhuman treatment of animals under BLM care, denying the requester’s motion for fees and holding that it was neither “eligible” nor “entitled” to such fees and costs; explaining that the requester never “substantially prevailed” because the court never ordered any relief, and the requester failed to meet its burden to demonstrate eligibility under the “catalyst theory”; further explaining that… [read post]
29 Aug 2024, 6:00 am by Public Employment Law Press
"In opposition to the motion, the Security Guard argued, among other things, that the 2016 incident provided the City with sufficient notice of Officer's violent tendencies and that the City was negligent in retaining Officer and restoring him to active duty with firearms.Supreme Court granted that branch of the City's motion seeking summary judgment dismissing the cause of action alleging it negligently retained Officer as an employee insofar as asserted… [read post]