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5 Jul 2023, 9:01 pm
The court granted a motion to dismiss in part, finding many of the challenged statements — including statements that Peabody “maintains constant vigilance toward safety,” “commits to safety and health as a way of life” and “achieved record safety this past year” — to be nonactionable puffery. [read post]
5 Jul 2023, 4:48 pm
Marler had won $15.6 million for his young client, setting a record for the largest personal-injury award in state history, and wheels were set in motion to clean up the nation’s ground beef. [read post]
5 Jul 2023, 12:34 pm
The district court granted defendants’ motion to dismiss on the ground that the complaint didn’t allege that defendants had made false representations about the character or quality of the garments that plaintiff bought, which the district court understood to be essential under the state supreme court’s decision in Pearson v. [read post]
5 Jul 2023, 12:03 pm
Drug Possession and Drug Trafficking Drug-related offenses are common in Florida. [read post]
5 Jul 2023, 11:04 am
Thus, the court ultimately adopted the defendant’s reasoning and granted his motion in limine, barring the prosecution from introducing evidence of his prior convictions. [read post]
5 Jul 2023, 10:11 am
Ankle Injuries Ankle sprain from car accident Ankle injuries can occur in car accidents due to the force of the impact or the twisting motion during the crash. [read post]
5 Jul 2023, 9:31 am
The District Court denied the motion to compel arbitration. [read post]
5 Jul 2023, 9:10 am
In reality, anti-SLAPP motions are lengthy and expensive, and although the law requires such motions to be heard within 60 days, in practice the wait can be several months, or even a year. [read post]
5 Jul 2023, 8:14 am
” MSDs are also often known as overuse injuries, or repetitive motion injuries. [read post]
5 Jul 2023, 7:32 am
Luo had persuaded the trial court to allow her to proceed using only her initials, in part, by representing in her motion that the case had gained media attention. [read post]
5 Jul 2023, 5:47 am
Disclosure: Doe sued me in California, seeking a restraining order that would require me to remove information about her past cases from my writings; I prevailed on my anti-SLAPP motion in trial court, but she is currently appealing that decision. [read post]
5 Jul 2023, 5:45 am
Trump, Motion to Unseal Search Warrant Affidavit, before U.S. [read post]
5 Jul 2023, 5:21 am
For the following reasons, the motion to dismiss the complaint is granted, and the cross-motion is denied. [read post]
5 Jul 2023, 5:00 am
.), the court granted a Defendant store’s Motion for Summary Judgment in a slip and fall case. [read post]
5 Jul 2023, 4:30 am
It is important to note that, as the case was dismissed at the motion to dismiss stage, the court accepted plaintiffs’ allegations as true. [read post]
5 Jul 2023, 4:05 am
For example, [in one of those cases:]He ... filed a second motion for TRO containing negligible legal analysis, with six pages of the main analysis dedicated to presentation of what’s purported to be a five-act play.....Litigation of constitutional claims is a serious matter. [read post]
5 Jul 2023, 3:15 am
Mike Melbinger blogged about this case at the “motion to dismiss” stage in 2021. [read post]
4 Jul 2023, 9:54 pm
That was how I saw Justice Barrett's Fulton concurrence–she was going through the motions because she did not want to overrule Smith. [read post]
4 Jul 2023, 2:03 pm
The charges survived a motion to dismiss them as untimely. [read post]
4 Jul 2023, 11:59 am
The opinion (Missouri v. [read post]