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17 Aug 2023, 5:03 am
As such, the Motion for Summary Judgment filed by the Defendant was granted. [read post]
17 Aug 2023, 5:01 am by Eugene Volokh
The positive changes of COVID-19 is the ability to handle non-jury trials, motions, and hearings via video. [read post]
17 Aug 2023, 4:41 am by SHG
Those few primary lawyers are now in the position of having to prepare their defense, make their motions, review their millions of pages of discovery, find their witnesses, prepare their witnesses, find them again after the FBI scares them off and try to convince them to testify no matter what nastiness the government threatened should they testify on Trump’s behalf If Trump were facing one trial, it would be hard. [read post]
17 Aug 2023, 3:30 am by Meredith Ervine
This Mayer Brown alert describes the decision: Judge Jed Rakoff ruled this week in favor of the SEC on a motion to dismiss, finding the SEC’s amended complaint adequately pled that the crypto assets sold by Terraform Labs and its founder and Chief Executive Officer Do Keyong Kwon qualify as “investment contracts” under the Howey precedent. [read post]
16 Aug 2023, 2:01 pm by lennyesq
Tribe, Donald Ayer, and Dennis Aftergut Now that Fulton County, Georgia, District Attorney Fani Willis has indicted former President Donald Trump for his effort to overturn the 2020 presidential election, Trump’s first chessboard move is likely to be a motion to “remove” the case—that is, to transfer it from state court in Atlanta to federal court in the Northern District of Georgia. [read post]
16 Aug 2023, 1:36 pm by NARF
(Antiquities Act; Sovereign Immunity; Motion to Dismiss) Narragansett Indian Meeting Church v. [read post]
16 Aug 2023, 1:30 pm by Niloofar Henzaki
Subsequently, the defendants moved for judgment on the pleadings, which, as explained below, first judgement on the pleadings as to Floyd’s claim was denied and the defendants’ second motion (as to Floyd’s Belgrade’s claim) for judgement on the pleadings was granted. [read post]
16 Aug 2023, 11:57 am by Eugene Volokh
MIT (1st Cir. 2022), we affirm the district court's exercise of its discretion in denying Volokh's motion…. [read post]
16 Aug 2023, 11:55 am by Robbie Pratt and Jane Han
Bielski, that federal district courts must stay trial proceedings pending the resolution of an interlocutory appeal of the denial[1] of a motion to compel arbitration. [read post]
  First, the Texas federal district court granted the unopposed emergency motion of Texas First Bank (Texas First), Independent Bankers Association of Texas (IBAT), and Independent Community Bankers of America (ICBA) seeking leave to intervene in the lawsuit. [read post]
16 Aug 2023, 10:00 am by Evangelina Cantu
  Procedural History The first nine pages of the Court’s ruling reviewed the tortured procedural history of the case including, among many other filings and rulings, the March 13, 2020, filing of the complaint; the Court’s initial ruling on August 14, 2021, concerning the defendant’s motion to dismiss; the Montana Supreme Court’s denial of the defendants first petition for writ of supervisory control; discovery including among other things, 36 depositions, 22… [read post]
16 Aug 2023, 10:00 am
., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm On July 18, 2023, a federal judge in North Carolina granted a motion to dismiss a suit against Naval Hospital Camp Lejeune based on a state law four-year time bar on malpractice claims. [read post]
16 Aug 2023, 9:50 am by Paula Lock Smyth
Presenting the issue to the court and filing motions for sanctions can help control and manage the problematic behavior during contested litigation cases. [read post]
16 Aug 2023, 7:00 am by DONALD SCARINCI
The District Court concluded that factual disputes related to venue should be resolved by the jury and denied Smith’s motion to dismiss without prejudice. [read post]
16 Aug 2023, 6:50 am by Legal Profession Prof
In a case where a party's former criminal defense attorney sought foreclosure on a promissory note for unpaid fees of $350,000, the Tennessee Court of Appeals affirmed the denial of the former client's motion to recuse the Chancellor. [read post]