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30 Oct 2023, 5:52 am
The defendant filed a motion to suppress the evidence from the phone, and the court denied the motion. [read post]
30 Oct 2023, 5:28 am
He filed an emergency motion for physical custody and was granted temporary physical custody. [read post]
30 Oct 2023, 5:11 am
For example, in a recent case, the state appellate court in Manhattan affirmed the refusal to dismiss a nuisance claim where the defendant knew about plumbing leaks that affected the plaintiff and continuously refused to address them.Cases like this illustrate how plaintiffs can demonstrate intent to preserve nuisance claims.Court Refuses to Consider Hearsay Evidence in Opposition to Summary JudgmentWhen faced with a motion for summary judgment, a non-moving party usually needs to… [read post]
30 Oct 2023, 5:03 am
.): 1 Complaint.pdfDownload 5 Motion to Dismiss.pdfDownload 8 Response.pdfDownload 9 Reply.pdfDownload 14 Magistrate Report.pdfDownload 15 Objections.pdfDownload 16 Response.pdfDownload 17 DCT Order.pdfDownload [read post]
30 Oct 2023, 4:51 am
After a will goes through probate, the general public has two years to file a motion with the court, contesting the way that will was interpreted. [read post]
30 Oct 2023, 2:10 am
If the court decides your motion and offer of proof have sufficient evidence “on their faces” (prima facie), the court will order a private hearing to further determine the relevance and admissibility of your proposed evidence. [read post]
29 Oct 2023, 9:01 pm
Notwithstanding some recent competition, the Law School Admission Test (LSAT) remains the most widely used and accepted standardized test considered by American law schools to admit new students to law school. [read post]
29 Oct 2023, 6:15 pm
The Appeal and its Outcome On appeal, Lee challenged both the motion court’s entry of a default judgment and the inquest court’s imposition of compensatory and punitive damages. [read post]
29 Oct 2023, 6:01 pm
The trial court denied his motion, which led to the current appeal. [read post]
29 Oct 2023, 3:22 pm
As a result, the bankruptcy court’s decision to grant the debtor’s motion to compromise controversies was upheld, as it had adequately considered all the relevant factors and did not abuse its discretion. [read post]
29 Oct 2023, 1:15 pm
The trial court granted the plaintiffs’ motion and denied the Insurance Company’s motion. [read post]
29 Oct 2023, 11:26 am
In this case, the court says the RNC’s allegations about Gmail’s lack of good faith aren’t sufficient to survive a motion to dismiss–thus preventing this case from getting dragged into expensive and time-consuming discovery. [read post]
29 Oct 2023, 9:40 am
In the federal government’s case, the district court denied Abbott’s motion to dismiss the government’s claim that the order is preempted by federal law. [read post]
29 Oct 2023, 7:26 am
This prompted the appeal – a petition for a write of certiorari based on the trial court’s denial of the motion to dissolve the lis pendens. [read post]
29 Oct 2023, 3:48 am
Smith is taking a hatchet to the First Amendment in these motions. [read post]
28 Oct 2023, 3:03 pm
The trial court denied the defendant’s motion. [read post]
28 Oct 2023, 11:16 am
Reportedly, the plaintiff filed a motion to compel the defendant driver to sit for a deposition. [read post]
28 Oct 2023, 11:09 am
While unlucky in their profession, they presume they will be lucky in court when they file a motion to modify their maintenance obligation to reflect their newly unemployed status. [read post]
28 Oct 2023, 10:14 am
The court granted the defendants’ motion. [read post]
28 Oct 2023, 8:44 am
However, as we know, courts routinely and predictably make errors when ruling on ex parte motions, so any additional legislative embrace of ex parte procedures is always fraught with peril. [read post]