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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]
29 Aug 2024, 4:00 am by Howard Friedman
  What we do hold is that this determination cannot be made on the current record and that, as we have now clarified the nature of its burden, the DOC should have the opportunity to supplement the record before renewing its motion for summary judgment. [read post]
29 Aug 2024, 4:00 am by Eisen Law
  Cassandra represents clients both in alternative dispute resolution methods and frequently appears before the Superior Court of Justice to work through complex motions, applications and files. [read post]
28 Aug 2024, 4:09 pm by Jeff DeFrancisco
The trial court denied the defendants’ motion for summary judgment concerning the medical malpractice claim. [read post]
28 Aug 2024, 1:55 pm by Eugene Volokh
Paola argued in a motion to dismiss, and the District Court ultimately agreed, that §§ 922(g)(3) and 922(d)(3) were facially unconstitutional and that § 922(g)(3) was unconstitutional as applied to her under the Second Amendment. [read post]
28 Aug 2024, 12:35 pm by John Floyd
This may involve negotiating plea agreements, filing pre-trial motions to suppress evidence, or preparing a robust defense for trial. [read post]
28 Aug 2024, 12:18 pm by Unknown
(Judicial Recusal; Premature Motion) State Courts Bulletin https://www.narf.org/nill/bulletins/state/2024.html In the Matter of the Guardianship of: A.K. [read post]
28 Aug 2024, 11:31 am by Daniel M. Kowalski
In requesting the BIA’s reconsideration, Mouns argued that the BIA had committed legal error in denying the motion to reopen by utilizing the reopening standard devised for cases presenting special, adverse considerations by In re Coelho, 20 I. [read post]
28 Aug 2024, 11:25 am by Mitch Stoltz
EFF filed a motion to dismiss LifeWise’s baseless attempt to silence Mr. [read post]
28 Aug 2024, 10:52 am by Eugene Volokh
["[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case. [read post]
28 Aug 2024, 9:00 am by AccelerateEditor
Experiencing a bicycle accident in Idaho can be an overwhelming and frightening event. [read post]
28 Aug 2024, 8:55 am by Lawrence Solum
Only 30% include a filing of a dispositive motion such as a motion to dismiss or motion for summary judgment, or, in the rare case, trial. [read post]
 Citing Seyfarth’s Workplace Class Action Report, Laverenz noted that courts granted 81% of conditional certification motions in 2021, but later decertified the majority (53%) of those. [read post]
28 Aug 2024, 7:35 am by John Floyd
This may involve negotiating plea agreements, filing pre-trial motions to suppress evidence, or preparing a robust defense for trial. [read post]
28 Aug 2024, 6:10 am by Second Circuit Civil Rights Blog
” The case returns to the district court to resolve the summary judgment motion and to forget about the motion to dismiss under Rule 12. [read post]
28 Aug 2024, 5:00 am
The defense filed a Motion for Summary Judgment arguing that, first, the Plaintiff failed to present evidence to identify what caused her to fall and, secondly, that the parking blocks at issue were known by the Plaintiff or were otherwise open and obvious. [read post]