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15 Aug 2021, 2:53 pm by Kevin LaCroix
The report cites research showing that in excessive fee cases filed between 2015 and June 2020, defendants were successful on a motion to dismiss in only about one-third of cases (by comparison to securities class action lawsuits, where the dismissal rate approaches 50%). [read post]
13 Aug 2021, 9:13 am by Peter Moulinos
Such motion must be supported by proof of service of the summons and complaint, default, and proof of the facts constituting the claim (CPLR 3215 [F]). [read post]
10 Aug 2021, 9:45 am by The AMA Law Team
Further pain and suffering could include lasting injuries like a limited range of motion in your shoulder joint or a lasting scar that changes your appearance. [read post]
5 Aug 2021, 2:59 am by Ann Pearson
Know the Statute of Limitations Period The statute of limitations is a time limit on a particular cause of action. [read post]
30 Jul 2021, 9:29 am by gabrielagendreau
The Licensed Deputy Prosecutor will: (1) Perform professional attorney-level legal work in the investigation and prosecution of adult and juvenile criminal offenses through conviction and appeal. (2) Present certain civil cases in the Hopi Family Court. (3) Conduct legal research and preparation of Court documents, including appellate briefs. (4) Participate in specialty dockets such as the Hopi Family Wellness Court. (5) Respond to inquiries from citizen and governmental offices relating… [read post]
30 Jul 2021, 4:00 am by Jim Sedor
Justice Department Issues Policy Limiting White House Contact MSN – Josh Gerstein (Politico) | Published: 7/21/2021 Attorney General Merrick Garland issued a directive seeking to limit political influence on law enforcement matters by strictly limiting contacts between Justice Department personnel and the White House. [read post]
27 Jul 2021, 1:44 pm by Brian E. Barreira
Moving forward in Massachusetts, the detailed holding in the Fournier case should severely limit future litigation about irrevocable, income-only trusts in the MassHealth context. [read post]
27 Jul 2021, 10:48 am by Jonathan H. Adler
For that reason, the Court is constrained to grant all of the subject motions and exclude all of the proffered expert testimony, with the exception of Dr. [read post]
26 Jul 2021, 10:26 am by Ajay Sarma, Christiana Wayne
The motion to dismiss her case was granted last week, and motions are pending in the other four cases. [read post]
20 Jul 2021, 9:17 am by Phil Dixon
Several pretrial motions were heard and argued, including a motion to suppress. [read post]
18 Jul 2021, 7:37 am by Andrew Delaney
The procedural twist here is that the town first filed a motion for summary judgment and then filed a motion for judgment on the pleadings. [read post]
16 Jul 2021, 12:39 pm by luiza
  In the two years following the memo’s issuance, federal courts granted 25 government motions to dismiss—up from six motions in the two years preceding the memo. [read post]
14 Jul 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
They will invariably be involved in processing claims under the new statute, and they are “state actors” who are governed by the due process limitations of the Fourteenth Amendment. [read post]
13 Jul 2021, 9:17 am by Patricia Hughes
INTRODUCTION In the first of these two Slaw posts, I wrote about the two inquiries into Ontario Court of Justice (“OCJ”) judge Donald McLeod’s alleged misconduct. [read post]
12 Jul 2021, 9:01 am by Richard Hunt
Before making any strategic decision you need to research the specific decisions of the judge who will hear your case because the ancien régime isn’t gone yet. [read post]
5 Jul 2021, 6:31 am by Monica Williamson
Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research. [read post]
28 Jun 2021, 8:14 am by Dan Bressler
The court’s lengthy analyses of both common interest and crime/fraud appear to be good research tools. [read post]
25 Jun 2021, 8:52 am by Kristian Soltes
The move marks a shift by the Australian fintech star, which had so far limited customers to just its partner merchants. [read post]