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17 Jul 2023, 6:33 am
They either get thrown out of court on a motion for summary judgment or they they get settled. [read post]
17 Jul 2023, 6:00 am
Plaintiffs then appealed Supreme Court's order and its judgment [1] dismissing the proceeding and [2] denying, "as academic," the Plaintiffs' motion for other judicial relief. [read post]
17 Jul 2023, 6:00 am
Plaintiffs then appealed Supreme Court's order and its judgment [1] dismissing the proceeding and [2] denying, "as academic," the Plaintiffs' motion for other judicial relief. [read post]
17 Jul 2023, 5:17 am
The plaintiff opposed the motion. [read post]
17 Jul 2023, 5:00 am
., who needed a place to say for the night, was apparently given access to the unit by a construction worker who had no authority to do so.After the Bronx County Supreme Court denied the motions made by the owner and plumber to be dismissed from the case, but granted the request made by the construction contractor, Syncom Construction, an appeal followed.Because the Appellate Division, First Department, was of the view that no “duty of care” was owed to A.P., since his presence… [read post]
17 Jul 2023, 4:36 am
Lazer Spot, Inc. then filed to dismiss Whitlock’s motion, arguing that his challenges did not state a claim. [read post]
17 Jul 2023, 4:14 am
The plaintiff filed a counter-motion, alleging that it had filed a motion requesting discovery materials from the defense. [read post]
17 Jul 2023, 3:30 am
For litigators, their first experiences as attorneys involve plodding through thousands of near-identical documents to respond to a discovery request or consulting Rule 6 to determine when a response to a motion was due (remember not to include the last day of the period if it is Saturday, Sunday, or legal holiday!). [read post]
17 Jul 2023, 12:23 am
The failure of the motion is not a bar on legislation being introduced. [read post]
17 Jul 2023, 12:00 am
Motions in lien litigation are of a deliberately summary nature, and a summary judgement of one or more matters in dispute may occur in the course of a motion even if not formally sought by either party. [read post]
16 Jul 2023, 6:44 pm
There may be multiple rounds of litigation, such as a pre-answer motion to dismiss, an amended pleading designed to correct deficient standing allegations, a motion to dismiss the new pleading, a dismissal, an appeal, and an affirmance. [read post]
16 Jul 2023, 12:49 pm
On March 23, 2022, District Judge Danah Zirpoli granted Ridge Renewable’s motion for partial summary judgment, including holding that Ridge alone owns the interest in the wind rights and to receive revenues from the wind and that Southwestern Public Service Company, in bad faith, trespassed and continues to do so with its wind turbines. [read post]
16 Jul 2023, 9:53 am
The FTC's emergency motion with the Ninth Circuit was disingenuous in various ways. [read post]
16 Jul 2023, 9:15 am
’s motion to dismiss under Rule 12(b)(6), finding that the claims were directed to the abstract idea of “matching users who gave corresponding answers to a question” and did not contain an inventive concept. [read post]
16 Jul 2023, 9:15 am
’s motion to dismiss under Rule 12(b)(6), finding that the claims were directed to the abstract idea of “matching users who gave corresponding answers to a question” and did not contain an inventive concept. [read post]
16 Jul 2023, 8:58 am
The trial court denied the motion and defendant filed an interlocutory appeal. [read post]
Massachusetts Conviction Reversed After Bigoted Statements by Public Defender Reveal Personal Biases
16 Jul 2023, 8:08 am
The trial judge rejected the defendant’s motion, finding that the defendant failed to demonstrate any actual prejudice to himself based upon the attorney’s personal controversial beliefs. [read post]
16 Jul 2023, 6:22 am
They’ll physically check your joints for visible damage, test your sensitivity and pain, and test your range of motion. [read post]
16 Jul 2023, 4:11 am
The two insurers of the Angela Rae, Atlantic Specialty Insurance Company (“Atlantic Specialty”) and P & I Underwriters (“P & I”), both filed motions averring the insurance responsibility to the other, claiming that the other’s policy should be paid out instead of their own. [read post]
15 Jul 2023, 11:52 pm
A comprehensive summary of the motion has been posted by the Oxford Diocese. [read post]
