Search for: "Judicial Watch Inc.'s Motion to Dismiss" Results 41 - 60 of 177
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24 Feb 2016, 9:29 am by Heidi A. Nadel
*The Court applied the anti-SLAPP statute to dismiss a portion of a single claim.The anti-SLAPP motion inBlanchardsought dismissal of one count - defamation - of a multi-count complaint against the hospital, its president and others. [read post]
21 Jan 2021, 12:54 pm by John Elwood
So this case clearly has the court’s attention. [read post]
24 Jun 2011, 3:25 pm by Christa Culver
LHC Group.Docket: 10-827Issue(s): Must a False Claims Act lawsuit always be dismissed if the lawsuit was not filed under seal at the outset, or is the question of dismissal to be determined by a balancing test? [read post]
25 Jun 2014, 2:00 pm by Maureen Johnston
Romo 13-1015Issue: Whether, under the Class Action Fairness Act of 2005, which authorizes removal to federal court if plaintiffs’ claims “are proposed to be tried jointly,” a motion by plaintiffs to coordinate or consolidate their cases before a single trial judge to avoid inconsistent judgments and promote judicial economy constitutes such a proposal. [read post]
7 Jun 2012, 3:00 am by Ken
That's key — unlike in a motion to dismiss, I can offer extrinsic evidence. [read post]
10 Jun 2013, 11:05 am by Howard Knopf
  The Supreme Court of Canada has recently heard arguments and reserved judgment on its consideration of these issues, which arose in the closely watched cases of Bruno Appliance and Furniture Inc. v. [read post]
27 May 2009, 3:35 am
Leview-Boymelgreen:Who knew you are not supposed to consider affirmative defenses at the motion to dismiss stage:A motion to dismiss under rule 1.140(b) tests whether the plaintiff has stated a cause of action, not whether the plaintiff will prevail at trial.State court, what a gas.Kosoy Kendall v. [read post]
14 Nov 2014, 5:42 am by John Elwood
Or, for those more easily offended/less voyeuristically inclined, there’s Relist Watch – the Internet’s One-Stop Source for Ennui. [read post]
8 Oct 2014, 9:00 am by Maureen Johnston
United States 13-1309Issue: Whether, when the district court disposes of a motion for a new trial while an appeal is pending in the court of appeals, a defendant must file a second notice of appeal in order for the court of appeals to have jurisdiction to consider the issue that was before the district court in the motion for a new trial. [read post]
19 Oct 2011, 9:11 am by South Florida Lawyers
Mazda Motor of Am., Inc., 934 So. 2d 518 (Fla. 3d DCA 2005).Here, dismissal of Incarnacion’s action for her counsel’s failure to follow the trial court’s pre-trial order constitutes an abuse of discretion. [read post]
10 Dec 2015, 10:45 am by John Elwood
Escobar’s doppelganger Triple Canopy, Inc. v. [read post]
2 Sep 2019, 12:59 pm by Kevin LaCroix
Once again, there are a multitude of things worth watching in the world of D&O. [read post]
21 May 2015, 10:19 am by John Elwood
(For those who missed Sunday night’s episode, you can watch an abridged version here.) [read post]
24 Jan 2013, 10:09 am by Michelle Yeary
   That said, such an allegation still has to meet federal pleading standards to overcome a motion to dismiss. [read post]
18 Sep 2008, 8:56 pm
For the full list of petitions on our watch list, continue reading after the jump. [read post]
4 Sep 2017, 2:20 pm by Kevin LaCroix
Once again, there are a host of things worth watching in the world of D&O. [read post]
4 Jun 2012, 7:53 pm by Matthew Bush
MorganDocket: 11-941Issue(s): Whether, in this qualified immunity appeal from a motion to dismiss, the Fifth Circuit's discussion of the merits of the underlying constitutional issues should be vacated because the Fifth Circuit correctly held that the law was not clearly established, the parties do not have a continuing interest in the legal issues at stake, and the Fifth Circuit's discussion of the constitutional issue constitutes an… [read post]