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25 Sep 2023, 2:50 pm
A senior long term disability benefits manager at Aetna, William Diaz, noted a lack of “tests or objective records supporting” Carter’s claim and that there were no records with “findings of range of motion in degrees of upper extremities or spine, strength, tone, [or] reflexes of lower extremities. [read post]
25 Sep 2023, 2:41 pm
Katz, they both indicated that she had a full range of motion and that she appeared to be comfortable and without distress. [read post]
25 Sep 2023, 2:35 pm
(AMD)’s motion to strike Realtek’s witness from testifying at an upcoming evidentiary hearing. [read post]
25 Sep 2023, 2:35 pm
(AMD)’s motion to strike Realtek’s witness from testifying at an upcoming evidentiary hearing. [read post]
25 Sep 2023, 12:15 pm
District Court in Delaware, issued a memorandum substantially denying both parties’ motions for summary judgment and sending the case to trial for contested issues of copyright infringement to be decided by a jury. [read post]
25 Sep 2023, 11:53 am
In OpenAI’s motion to dismiss the Tremblay class action, usurpingly, it highlights the fair use defense. [read post]
25 Sep 2023, 11:17 am
Department of Housing and Urban Development (HUD) under the Fair Housing Act (Act), the federal district court in Washington, DC granted HUD’s motion for summary judgment.... [read post]
25 Sep 2023, 10:40 am
The court could rule by the middle of this week on the Biden administration motion in a case in which the states of Missouri and Louisiana allege that speech related to COVID-19 and other topics was illegally suppressed at the behest of government officials. [read post]
25 Sep 2023, 9:16 am
Regarding the Speedy Trial Act, the defendant contended on appeal that the time between filing a motion and the conclusion of the related hearing should not be excluded from the speedy trial calculation. [read post]
25 Sep 2023, 8:54 am
The FDIC has filed motion to dismiss the lawsuit filed in July 2023 in a Minnesota federal district against the FDIC and its Chairman seeking to invalidate the FDIC’s supervisory guidance on charging multiple non-sufficient funds (NSF) fees for the same unpaid item. [read post]
25 Sep 2023, 8:36 am
We previously reported on the trial court’s grant of summary judgment to the policyholder and ruling in favor of the policyholder on cross-motions for judgment on the pleadings. [read post]
25 Sep 2023, 8:00 am
In affirming, the appellate court noted that in support of the motion for summary judgment, defendant Dr. [read post]
25 Sep 2023, 7:47 am
The Court can also construe Plaintiff's motion as requesting to seal the documents filed in his case. [read post]
25 Sep 2023, 7:39 am
In 2021, Rideout filed a motion to dismiss the charges based on a lack of probable cause and insufficient evidence. [read post]
25 Sep 2023, 6:45 am
The court denied the defendant’s motion, and he appealed. [read post]
25 Sep 2023, 6:00 am
You might not recover your full range of motion or alleviate the pain caused by nerve damage. [read post]
25 Sep 2023, 5:48 am
This may sound strange, since a company is made up of people, but courts in litigation regularly distinguish between a business entity and its owners and workers.For example, in a recent case before the state appellate court in Manhattan, the court affirmed the denial of a motion to dismiss claim against a Pennsylvania company that agreed to ship products to New York. [read post]
25 Sep 2023, 5:00 am
The court granted the party’s leave to file appropriate Motions for Sanctions. [read post]
25 Sep 2023, 5:00 am
ATTORNEY FAILED TO EXPLAIN AWAY YEAR-LONG DELAYAfter HGL was injured in a motorcycle accident, he filed suit against TMM and other defendants in the Queens County Supreme Court.When the latter moved to dismiss the litigation, claiming that HGL’s injuries weren’t “serious,” as defined by the state’s Insurance Law, HGL failed to oppose the motion.About a year later, after HGL moved to vacate his default, and the Supreme Court denied that request, an appeal ensued.Because… [read post]
25 Sep 2023, 3:50 am
Whether a dissident owner’s claim against his or her co-owners is a direct claim (one that the owner can assert in their individual capacity) or a derivative one (one that seeks to redress injury to, and therefore must be asserted on behalf of the business) factors into almost every claim we litigate, and it is one of the most common grounds for a pre-answer motion to dismiss, as this post demonstrates. [read post]
