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8 Jul 2023, 9:00 am
Or, a defendant can, and may, elect to precede the notice of appeal with a motion for a new trial—a motion that, like the notice of appeal, must be filed within 30 days of the judgment. [read post]
8 Jul 2023, 5:47 am
[A divided panel concludes the plaintiffs are unlikely to prevail o the merits and pledges to expedite the appeal.] [read post]
7 Jul 2023, 4:04 pm
The motion was denied without a hearing. [read post]
7 Jul 2023, 3:08 pm
An ELD can track when a truck’s engine is running, when the truck is in motion, and how many miles the truck has traveled in any given timeframe. [read post]
7 Jul 2023, 3:08 pm
An ELD can track when a truck’s engine is running, when the truck is in motion, and how many miles the truck has traveled in any given timeframe. [read post]
7 Jul 2023, 3:08 pm
An ELD can track when a truck’s engine is running, when the truck is in motion, and how many miles the truck has traveled in any given timeframe. [read post]
7 Jul 2023, 1:45 pm
Even if a traumatic accident at work does not cause a back injury, a worker could suffer soft-tissue damage from stress or repetitive motions, such as constant bending, lifting or twisting. [read post]
7 Jul 2023, 1:16 pm
After some initial back-and-forth, the trial court granted the employer’s second motion to dismiss, finding plaintiff’s claims were barred by the exclusive remedy of workers’ compensation laws and that an employer’s duty to provide a safe work environment don’t extend to people who don’t work there. [read post]
7 Jul 2023, 1:03 pm
Welcome to this all-source repository of information for analysts, researchers, investigators, journalists, educators, and the public at large. [read post]
7 Jul 2023, 11:28 am
The trial court granted the defendant’s motion to enforce the settlement. [read post]
7 Jul 2023, 11:24 am
The same companies lost a previous, similar motion to identify Reddit users who wrote comments in piracy-related threads. [read post]
7 Jul 2023, 10:37 am
For practitioners who frequently deal with motions to compel arbitration, however, the justices’ 5-4 decision resolves a circuit split and follows the majority of courts by mandating an automatic stay when a party seeks an appeal on a right to arbitrate. [read post]
7 Jul 2023, 9:41 am
On July 3, Judge James Boasberg ruled against the motion to not provide the court with identifying information stating that “the Court routinely requires that even pseudonymous filers facing grave and specific threats to their safety le their identifying information under seal. [read post]
7 Jul 2023, 9:34 am
Insured sought partial summary judgment determining that all actual cash value, repair cost and cost of compliance figures determined by appraisers were covered under policy, and insurer filed motion to strike and to dismiss. [read post]
7 Jul 2023, 8:00 am
”Apparently J.W. not only neglected to include a copy of the complaint (which defendants successfully sought to dismiss), but she failed to provide “all of the relevant motion papers and exhibits upon which the order was founded. [read post]
7 Jul 2023, 7:37 am
As I explained in those posts (which you can find here and here), the dynamic underlying the rise in such suits, combined with the merits of many of the actions and the realities of how courts were handling them on dispositive motions, pointed towards favoring trials over settlements. [read post]
7 Jul 2023, 5:41 am
Simard filed a motion to stay or dismiss the foreclosure action, […] The post DAVID J. [read post]
7 Jul 2023, 5:07 am
.): 1 Habeas Petition.pdfDownload 9 Motion to Dismiss.pdfDownload 10 Opposition.pdfDownload 11 Reply.pdfDownload 13 DCT Order.pdfDownload [read post]
7 Jul 2023, 5:00 am
And when the school defendants -- the Board of Trustees of Dutchess Community College and SUNY Dutchess, a/k/a Dutchess Community College – moved [via motion for summary judgment] for pre-trial dismissal of the litigation in their favor, the court denied that request.On appeal, the Appellate Division, Second Department, noted that when it is clear and unequivocal, a release serves as a “`complete bar to an action on a claim which is the subject of the release,'" and… [read post]
7 Jul 2023, 4:00 am
The court ... therefore denies the motion to strike counts five, six, seven and eight. [read post]