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9 Aug 2023, 6:19 am
Moreover, on a motion to dismiss, courts generally may not consider materials, including discovery, other than a complaint's allegations and documents made part of that complaint. [read post]
9 Aug 2023, 6:05 am
District Court for the Middle District of Georgia granted a motion to certify a class of participants in an ERISA class action involving an employer-sponsored defined contribution plan in Goodman v. [read post]
9 Aug 2023, 5:44 am
In an order dated June 2, 2020, the Supreme Court granted the defendant’s motion. [read post]
9 Aug 2023, 5:00 am
Judge McCaffery noted that the Plaintiff had filed her Complaint within the two (2) year statute of limitations, had filed a Motion to Admit her Out-of-State Attorney, and also hired a private process server to complete service. [read post]
FSIA Precludes Suit Against Hungary for Property Confiscated from Its Jewish Population In Holocaust
9 Aug 2023, 4:10 am
Like the district court, we conclude that the plaintiffs claiming statelessness ... have not made out a recognized claim within a Foreign Sovereign Immunities Act exception....We likewise affirm the district court’s denial of the defendants’ motions to dismiss the claims of some of the plaintiffs asserting Czechoslovakian nationality, with a few exceptions....Judge Randolph dissented as to the plaintiffs claiming Czechoslovakian nationality. [read post]
9 Aug 2023, 3:00 am
., No. 20-3388, [Plaintiff’s Reply Memorandum in Support of its Motion for Summary Judgment, Doc. 54] (D. [read post]
9 Aug 2023, 12:31 am
This whipping motion often results in whiplash, but it can also cause the brain to rotate within the skull, causing damage to brain tissue. [read post]
8 Aug 2023, 11:00 pm
Interestingly, it also didn’t think the owner’s failure to attach a copy of the proposed amendment to the motion -- yet another requirement of such applications -- was that big of a deal, either.The AT1 opined that the omission was a mere “technical defect, which the court should have overlooked,” and thus sent the case back for further proceedings, such as a determination on the landlord’s underlying motion for a pre-trial determination in its… [read post]
8 Aug 2023, 8:11 pm
" On July 24, the Fifth Circuit found that ATF is not likely to prevail on the merits of its appeal and thus denied its motion to stay the vacatur order with respect to these provisions of the Rule. [read post]
8 Aug 2023, 12:22 pm
(COVID-19; Executive Orders; Malpractice; Whether Trial Court Improperly Denied Defendants' Motion to Dismiss Based on Immunity Under Executive Order; Whether Immunity Applies to Treatment of Only Patients Infected With COVID-19); Mills v. [read post]
8 Aug 2023, 11:17 am
On July 31, 2023, in response to the parties' cross-motions for summary judgment, the Court issued an Order finding that USCIS's tolling provisions violate 8 U.S.C. [read post]
8 Aug 2023, 10:44 am
The U.S. [read post]
8 Aug 2023, 9:49 am
Because the BIA applied the wrong standard in denying Fonseca-Fonseca’s motion to reopen, we remand to the agency to adjudicate his motions under the proper standard. [read post]
8 Aug 2023, 9:37 am
Maryland Courts’ Jurisdiction Over Medical Malpractice Claims Filed Against the Department of Defense The court granted the motion to dismiss, finding it lacked jurisdiction to review DoD’s decision due to the MCA’s finality provision. [read post]
8 Aug 2023, 8:15 am
Though pretty clear that not every possible aspect of cohabitation had to be included in a motion, motions were denied. [read post]
8 Aug 2023, 7:55 am
Musculoskeletal Disorders (MSDs) MSDs are prevalent in fulfillment centers due to repetitive motions and heavy lifting. [read post]
8 Aug 2023, 7:53 am
The trial court denied the Fund’s motion for summary judgment and the Fund appealed. [read post]
8 Aug 2023, 5:01 am
For both reasons the Court will issue an Order denying the motion to seal…. [read post]
8 Aug 2023, 5:00 am
The post Judge Granted Motion to Dismiss Johnson & Johnson’s Second Bankruptcy Petition appeared first on Illinois Injury and Mass Tort Lawyer Blog. [read post]
8 Aug 2023, 12:38 am
Miami-Dade law in the land where Broward Judges loved to tell Miami lawyers that "bonds are like elevators, they can go up or down" when a Dade lawyer would file a bond reduction motion. [read post]
