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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]
24 Sep 2023, 9:05 pm
A victory on a motion to dismiss or revelations in discovery may, however, provide a powerful deterrent for future misconduct, and damages (or settlement) could put money back in shareholders’ pockets. [read post]
24 Sep 2023, 9:01 pm
Geopolitical tensions and strategic competition between the United States and China have increasingly influenced the investment landscape in recent years, implicating established regulatory frameworks such as that of the Committee on Foreign Investment in the United States (“CFIUS”), as well as driving non-traditional government actors to take action. [read post]
24 Sep 2023, 5:11 pm
The husband opposed the motion. [read post]
24 Sep 2023, 4:27 pm
This knowledge is invaluable in building a strong defense, negotiating with the prosecution, arguing motions, going to trial, or for sentencing leniency before the judge. [read post]
24 Sep 2023, 2:07 pm
If we were thinking cleared, instead of prepping for a motion to suppress in Federal Court in Chicago, we would have picked the Fins for survivor. [read post]
Caddo v. Siemens: Microsoft Settlement Covers Downstream Use and No Jurisdiction Over Foreign Parent
24 Sep 2023, 11:55 am
As the court explained, To justify our setting aside the summary judgment ruling for this reason, Caddo had to show on appeal, at the least, that it presented to the district court (in its opposition to the motion for summary judgment) evidence of a portion of the accused functionality of RadBreadcrumb that did not use .NET, where the presented evidence created a triable issue in the face of Siemens Industry’s assertion and evidence that all of the accused functionality used .NET. [read post]
24 Sep 2023, 10:43 am
The issue came before the court in the context of a motion to annul the stay. [read post]
24 Sep 2023, 9:09 am
State Farm also appeals the denial of its motion to overturn those same umpire awards in each case. [read post]
24 Sep 2023, 4:05 am
The district court granted Freborg’s motion for summary judgment, finding that Freborg’s speech was true and, alternatively, that her speech involved a matter of public concern and was not made with actual malice. [read post]
23 Sep 2023, 4:25 am
Notably, Richardson is represented by Andrew Miltenberg, and yet again, Kara Gorycki successfully handled the opposition to Northwestern’s motion to dismiss, having a very good week. [read post]
22 Sep 2023, 10:39 pm
Union leaders had refused to allow discussion of certain motions proposed by the Respondents at the union’s National Delegate Conference, prompting the Respondents to criticize the union leaders by means of a leaflet depicting cartoon monkeys covering their ears, eyes, and mouth. [read post]
22 Sep 2023, 6:51 pm
The whipping motion can result from a bump to the head, but not necessarily. [read post]
22 Sep 2023, 2:35 pm
The Court reportedly entered a Judgment on July 19, 2023, ordering Thayer to pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty to be determined in a motion to be filed by the SEC. [read post]
22 Sep 2023, 2:35 pm
The Court reportedly entered a Judgment on July 19, 2023, ordering Thayer to pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty to be determined in a motion to be filed by the SEC. [read post]