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28 Aug 2023, 11:49 am
The motion to dismiss order can be found here . [read post]
28 Aug 2023, 10:47 am
Reportedly, at a subsequent hearing, the court granted the mother’s motion to compel, finding the requested financial records relevant to determining Ostler-Smith arrears. [read post]
28 Aug 2023, 10:24 am
In a recent Florida DUI case, the court discussed the grounds for granting and sustaining a motion to suppress evidence gathered during a traffic stop. [read post]
28 Aug 2023, 9:44 am
District Court for the Eastern District of Michigan denieda motion to compel arbitration based on finding an ERISA class action waiver … Continue reading "Michigan Federal Court Declines To Compel Arbitration Of ERISA Claims Due To An Unenforceable Class Action Waiver" [read post]
28 Aug 2023, 9:34 am
District Court for the Southern District of Florida recently issued a ruling denying a motion to dismiss filed by defendant Evanston Insurance Co. in which it addressed whether multiple shootings originating from a single shooter are treated as separate occurrences or a single […] [read post]
28 Aug 2023, 9:09 am
Both signs are identical in the sense that they: · are figurative marks, · show an animal, · show a feline, · show a feline in motion. [read post]
28 Aug 2023, 8:47 am
The United States District Court for the District of Columbia (Chief Judge Boasberg) denied a motion to dismiss a claim brought against a title company by an attorney whose sale proceeds were diverted and stolen Hannon is a Florida resident... [read post]
28 Aug 2023, 8:16 am
Earlier this month, a Connecticut court rejected Beiersdorf’s motion to dismiss relying, in large part, on the prominence of “FACE” on the principle display panel. [read post]
28 Aug 2023, 7:46 am
Blowouts: A blowout happens when a tire suddenly bursts while the vehicle is in motion. [read post]
28 Aug 2023, 6:43 am
.): 22 First Amended Complaint.pdfDownload 23 US Motion to Dismiss.pdfDownload 25 Response.pdfDownload 28 Reply.pdfDownload 39 CFC Opinion.pdfDownload [read post]
28 Aug 2023, 6:38 am
The same logic should also apply to children whose I-485s were denied based on the prior policy because they aged out before the parent's priority date became current under the FAD and they can file a late motion to reopen. [read post]
28 Aug 2023, 6:21 am
With that motion, they submitted evidence that they lived in the house and so it was not used just for commercial purposes, and therefore they were not subject to a law that conferred liability on them. [read post]
28 Aug 2023, 5:38 am
Nationwide filed a Rule 12(b)(1) motion to dismiss contending, inter alia, that the court lacks subject matter jurisdiction because MGinnis was an Oklahoma citizen when the lawsuit was filed. [read post]
28 Aug 2023, 5:30 am
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any… [read post]
28 Aug 2023, 5:30 am
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any… [read post]
28 Aug 2023, 5:01 am
., joined by Judges LaJohnne Morris and James Arguelles, the court reversed defendant's conviction for rape of a 15-year-old; it's a long opinion, but here's a particularly interesting excerpt: Before trial, the defense filed a motion to exclude Military Rule of Evidence (Mil. [read post]
28 Aug 2023, 5:00 am
”Since the tenants selected the Supreme Court to determine the controversy, the AD2 concluded that the judge had “improperly granted that branch of the defendant's motion which was to refer the matter to the DHCR … and improvidently exercised its discretion in granting that branch of the defendant's motion which was to stay all proceedings in the action. [read post]
28 Aug 2023, 3:59 am
Reaching only the clearly established prong of qualified immunity, the district court granted defendants' motion and entered judgment in their favor. [read post]
27 Aug 2023, 9:00 pm
27 Aug 2023, 5:10 pm
Additionally, depending on the facts of your case, they might be able to file motions asking for certain evidence or testimony to be excluded. [read post]
