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21 Jun 2019, 12:10 pm
Understanding How Flare Ups Impact Range of Motion Claims As anybody with musculoskeletal problems will know, the range of motion may vary from day to day. [read post]
29 Mar 2013, 8:08 am
Statement of Musa’ab Al Madhwani in Support of Emergency Motion for Humanitarian and Life-Saving Relief Declaration of Derek A. [read post]
19 Feb 2019, 3:12 am
When a plaintiff files a motion to set aside a final order granting summary judgment, he must “demonstrate that [he] had a meritorious defense” in such motion. [read post]
4 Apr 2011, 3:08 pm
., A-4046-09T1, April 1, 2011: A motion for recusal is “entrusted to the sound discretion of the trial judge whose recusal is sought. [read post]
12 Feb 2007, 4:28 pm
This Chancery Court case discussed the factors the court considers in a Motion to Consolidate pursuant to Chancery Court... [read post]
21 Jan 2007, 2:26 am
., Jan. 2007), read opinion here, the Chancery Court denied a Motion to Dismiss under Rules 12(b)(7) and 19 (a)(1) for failure to join indispensable parties. [read post]
10 Jan 2022, 2:47 am
When the defendant filed a motion to suppress the incriminating evidence proving he was intoxicated, the court at first denied this motion. [read post]
23 Dec 2010, 12:46 am
., NY Slip Op 09205 (2d Dept. 2010) Monday’s issue: Motion practice. [read post]
28 May 2010, 12:50 am
Simon, NY Slip Op 04246 (1st Dept. 2010) Tuesday’s issue: Motion practice. [read post]
21 Jan 2011, 12:41 am
Practice point: When evidentiary proof is offered on a CPLR 3211(a)(7) motion to dismiss for failure to state a cause of action, the issue is whether plaintiff has a cause of action, not whether the pleading states one. [read post]
14 Feb 2011, 12:44 am
Practice point: The motion court correctly found that the new facts presented by plaintiff were “not very different” from those previously alleged, and, therefore, did not warrant a change in the prior determination, pursuant to CPLR 2221[e][2]. [read post]
13 Oct 2010, 12:43 am
Practice point: The motion to amend the bill of particulars will be denied when it was made four months after the note of issue was filed, and four years after the action was commenced. [read post]
14 Apr 2010, 12:51 am
Practice point: Leave to file a late claim will not be granted with respect to a false imprisonment claim if it accrued more than one year prior to the motion, pursuant to CPLR 215[3], and Court of Claims Act § 10[6]. [read post]
11 Jan 2010, 1:36 am
., NY Slip Op 09602 (2d Dept. 2009) Tomorrow’s issue: Motion practice. [read post]
24 Aug 2015, 2:52 pm
But a post-filing motion to stay still has a good chance of being granted. [read post]
18 Nov 2009, 10:17 am
Thomas (University of Illinois College of Law) posted "The New Summary Judgment Motion: The Motion to Dismiss Under Iqbal and Twombly" on SSRN as part of the Working Paper Series. [read post]
1 Apr 2009, 9:33 am
In the continuing saga of the Auto Admit case, the Eastern District of Pennsylvania has ruled on the defendants’ motion to dismiss and motion to strike. [read post]
23 Nov 2008, 10:47 pm
Mukasey that when the DHS opposes a motion to reopen for adjustment of status, the BIA may consider the objection, but may not deny the motion based solely on the fact of the DHSs objection. [read post]
12 Dec 2006, 7:45 am
Dec. 5, 2006).Plaintiff filed a Motion for Reconsideration and to Amend the Court’s earlier Memorandum Order in which it denied the plaintiff’s motion to... [read post]
23 Mar 2015, 6:42 am
.): 2015-03-20 Brief in Support of Defendant’s Motion to Dismiss Amended Complaint 2015-03-20 Defendant’s Motion to Dismiss Amended Complaint The state’s amended complaint is here. [read post]
