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10 Nov 2023, 8:57 am by David Klein
  According to Trim, the decisive factor in determining whether a plaintiff’s ATDS claim survives a motion to dismiss often turns not on whether use of an ATDS was sufficiently pled, but rather where the case was filed and how the judges in that particular district or circuit have applied Facebook. [read post]
10 Nov 2023, 8:22 am by Chip Merlin
Let’s break this down further: Post-Trial Motions and Appeals: After a bad faith verdict, it is common for the losing insurance company to file post-trial motions and appeals. [read post]
10 Nov 2023, 8:17 am by Unreported Opinions
Administrative law — Broadcast ban — Reversible error The pro se appellant, Jaami Ali, appeals from the Circuit Court for Montgomery County’s denial of her motion seeking leave to “publish” on social media an audio recording of a summary judgment hearing. [read post]
10 Nov 2023, 6:22 am by Andrew Lavoott Bluestone
For thefollowing reasons, plaintiffs motion for reargument is granted, and uponreargument, defendants’ motion to dismiss is denied. [read post]
10 Nov 2023, 6:17 am by Levin Papantonio
”The victory occurred despite Defendants' twice-failed motions for judgment, claiming Stinson had failed to provide enough evidence to support claims stemming from his injuries.Stinson emerged the winner on several claims, including those of negligence, negligence for failure to warn, and strict liability for failure to warn.The Plaintiff's PerFix Plug, which was implanted in 2015 to repair a hernia, failed and stuck to tissues around the implant area. [read post]
10 Nov 2023, 6:04 am by Matthew L.M. Fletcher
.): 10 Amended Habeas Petition 17 Response 22 Blackfeet Motion to Dismiss 29 Response to 22 32 Reply ISO 22 36 Response to 10 37 DCT Order [read post]
10 Nov 2023, 6:00 am by Public Employment Law Press
”  *** The Circuit Court observed Plaintiff had the opportunity to amend his complaint after Respondents' motion to dismiss his complaint was filed by Respondents but Plaintiff stated in his answer to Respondents' motion that he “has not sought to amend his complaint". [read post]
10 Nov 2023, 6:00 am by Public Employment Law Press
”  *** The Circuit Court observed Plaintiff had the opportunity to amend his complaint after Respondents' motion to dismiss his complaint was filed by Respondents but Plaintiff stated in his answer to Respondents' motion that he “has not sought to amend his complaint". [read post]
10 Nov 2023, 5:58 am by Tom Joscelyn
And the Special Counsel cited the Post’s account in his motion this week. [read post]
10 Nov 2023, 5:52 am by Matthew L.M. Fletcher
.): 1 Complaint 9 Fabry Motion to Dismiss 11 Edwards Motion to Dismiss 14 Bellfy Subpoena 15 Bellfy Motion to Strike 16 Fabry Motion to Quash 23 Edwards Response to 15 24 Fabry Response to 15 25 Bellfy Motion for Judgment on Pleadings 26 Fabry Response to 25 27 Edwards Response to 25 29 Edwards Motion for Sanctions 30 DCT Order Quashing Subpoena 31 Bellfy Motion for Summary J 32 Edwards Response to 31 33 Fabry Response to 31 34… [read post]
10 Nov 2023, 5:00 am
The Defendant driver and his employer filed a forum non conveniens motion seeking to transfer the case to Montgomery County pursuant to Pa. [read post]
10 Nov 2023, 4:00 am
Finding that contention had merit, the New York County Supreme Court denied the landlord’s motion for summary judgment in lieu of complaint and converted the matter to a regular civil lawsuit, or “plenary action. [read post]
9 Nov 2023, 9:59 pm by JD Hull
Do the research, take a stand and, if possible, write it all up in a very short file memo or--even better--in the document you are actually going to use: the pleading, the motion, the response, the letter, the instrument. [read post]
9 Nov 2023, 7:29 pm by JP Sarmiento
In July 2021, our office filed the Motion to Terminate based on the defective Notice to Appear that our client received. [read post]
9 Nov 2023, 9:57 am by Rebecca Tushnet
The court need not engage in the application of the intrinsic test in considering a motion to dismiss. [read post]
9 Nov 2023, 8:59 am
Quiros(Alleged deprivation of plaintiff inmate's federal constitutional rights; motion to dismiss; claim that trial court improperly granted defendants' motion to dismiss; failure to brief claims adequately). [read post]