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14 Jul 2023, 7:00 am
The truck driver and trucking company will most likely file a motion to dismiss the case, and the court will grant it.If this occurs, you cannot recover any compensation for your injuries through a court action, even if you have compelling evidence and a strong case. [read post]
14 Jul 2023, 6:50 am
(SD 4/13/2023) – The Motion to Transfer Case and Motion to Dismiss for Failure to State a Claim are now fully-briefed as of July 5, 2023. [read post]
14 Jul 2023, 6:30 am
" For those Maga-DeSantis thirty something judges who populate our courthouse and think judicial genius starts with denying as many motions to suppress as possible, this essay is worth a read on what it really means to be a Judge. [read post]
14 Jul 2023, 5:47 am
Before Plaintiff eventually issued a summons, Defendant filed the motion to dismiss. [read post]
14 Jul 2023, 5:32 am
.): 45 Turpen Motion for Summary J.pdfDownload 46 Tribe Opposition.pdfDownload 47 Turpen Reply.pdfDownload 49 Tribe Motion for Summary J.pdfDownload 50 Tribe Surreply re 45.pdfDownload 52 Turpen Response to 49.pdfDownload 53 Tribe Reply in support of 49.pdfDownload 56, Order on CMSJ 7-12-23.pdfDownload [read post]
14 Jul 2023, 5:00 am
Accepting the factual allegations as true, as this Court must on a pre-answer motion to dismiss, failure to advise a client on the tax consequences of withdrawing money from retirement accounts in a divorce action states a claim for legal malpractice for purposes of a pre-answer motion to dismiss (Fielding v Kupferman, 65 AD3d 437 [1st Dept 2009]). [read post]
14 Jul 2023, 5:00 am
In the case of Plourde v. [read post]
14 Jul 2023, 5:00 am
CASE AGAINST OTHER TENANT WAS DISMISSED IN THE ABSENCE OF ANY DUTYAfter Y.C. slipped and fell on the sidewalk in front of their building, the owner, and its two tenants, 185th Operating and Staples the Office Superstore East, got embroiled in her personal-injury lawsuit (and related litigation) that had been filed with the New York County Supreme Court.When 185th made a pre-trial motion [via summary judgment] for dismissal in its favor, that request ended up getting denied by the judge.But… [read post]
14 Jul 2023, 4:11 am
The trial court granted Colony’s and Waters’s joint motion for summary judgment to dismiss the claims, which found no genuine issue of fact on the question of Waters’s liability. [read post]
14 Jul 2023, 4:08 am
Monte, and the Moonans filed a motion for a new trial which the trial court denied. [read post]
14 Jul 2023, 4:00 am
National/Federal Trump Aide Walt Nauta Pleads Not Guilty in Classified Documents Case MSN – Shayna Jacobs and Devlin Barrett (Washington Post) | Published: 7/6/2023 Donald Trump’s personal aide, Walt Nauta, pleaded not guilty to charges he schemed with the former president to hide classified documents from authorities at Mar-a-Lago, moving boxes containing top-secret government materials for Trump. [read post]
14 Jul 2023, 3:43 am
During my Amguard case, I filed a Motion to Compel seeking hundreds of thousands of pages of documentation. [read post]
14 Jul 2023, 1:59 am
Cannon to reject a motion by former President Trump’s lawyers to postpone the trial concerning his handling of classified documents indefinitely. [read post]
14 Jul 2023, 12:05 am
They include the Motion Picture Association of America (MPAA), owners of sports television rights, digital rights organizations like Epicenter.Works and European Digital Rights (EDri), Mozilla, Creative Commons, the Internet Architecture Board, European librarians, the Internet Society, the European Consumer’s Association (BEUC), and small ISPs – all of whom argued that the telecom proposal is a terrible idea that violates net neutrality. [read post]
13 Jul 2023, 11:00 pm
After T.B. filed a medical malpractice case against M.L. in Kings County Supreme Court, the latter moved for a change of venue, from Kings to Staten Island, because neither party supposedly lived in Brooklyn and the alleged acts or omissions weren’t committed in that county.After the motion was denied, the defendant appealed to the Appellate Division, Second Department, which noted that it was the defendant’s burden to show that the plaintiff’s choice of venue was… [read post]
13 Jul 2023, 7:28 pm
The U.S. district court for the district of Delaware's denied a motion by challengers for a preliminary injunction on the basis that they are not likely to prevail on the merits. [read post]
13 Jul 2023, 5:07 pm
Little did he know that the unexpected stop would set in motion a chain of events that would leave a motorcycle rider injured and in pain. [read post]
13 Jul 2023, 2:54 pm
The problem for the government, of course, is that the 70 day clock hasn’t even started to tick yet… as there are motions pending. [read post]
13 Jul 2023, 2:45 pm
Accordingly, such an appraisal provision is the proper subject of a motion to compel arbitration under the FAA. [read post]
13 Jul 2023, 1:15 pm
Shoulder impingements can seriously affect your ability to work, causing severe pain and limiting your range of motion. [read post]
