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24 Jun 2023, 5:43 pm
Kimbrough’s § 2255 motion. [read post]
24 Jun 2023, 5:36 pm
Amaya filed a § 2255 motion challenging his conviction for using a firearm during and in relation to a crime of violence causing death. (18 U.S.C. [read post]
24 Jun 2023, 1:08 pm
However, with respect to the facts of the Khan case, the court held that at the motion to dismiss stage there were sufficient facts pleaded in the complaint alleging that the complainant made her statements with actual malice—i.e. knowing they were false—that the case should not be dismissed. [read post]
24 Jun 2023, 12:20 pm
The FTC brought a motion for a preliminary injunction in San Francisco, not because it wanted to but because the deal might otherwise have been closed without further notice. [read post]
24 Jun 2023, 9:59 am
The defendant in the case, a franchise owner, has filed a motion for a new trial, alleging there was no real evidence that the management team at the restaurant had been told or should have known about the slippery conditions on the bathroom floor. [read post]
24 Jun 2023, 9:33 am
But for now we bring to your attention a more immediate crisis unfolding in NYC where we are currently staying for a short period of time until our EDNY judge issues the order "and therefore the defense motion to dismiss is GRANTED. [read post]
24 Jun 2023, 5:01 am
This comports with other laws in Florida, such as § 847.013, which governs the exposure of minors to "harmful motion pictures, exhibitions, shows, presentations, or representations. [read post]
24 Jun 2023, 4:00 am
But what happens if the employer files a motion for summary judgment before you can complete discovery? [read post]
24 Jun 2023, 3:58 am
The court granted the motion and the plaintiff appealed. [read post]
23 Jun 2023, 11:00 pm
Because it agreed that there were “questions of fact,” as to who was responsible for S.T. injuries, the AD1 left the denial of the motion undisturbed.You try dismissing that.# # #DECISIONM. v Ruppert Hous. [read post]
23 Jun 2023, 9:05 pm
Over the last two decades, rising public awareness has generated a flood of scholarly research, a documentary, a major motion picture, and a series of prominent lawsuits. [read post]
23 Jun 2023, 5:39 pm
From there, the case will proceed similarly to any other type of commercial litigation, with the defendant filing an answer, the parties going through discovery and pre-trial motions practice, and then going to trial if they don’t settle. [read post]
23 Jun 2023, 2:46 pm
Winning this kind of suppression motion means that you must provide the court with some sort of persuasive, compelling “link” between the evidence the police illegally obtained and the statement you’re seeking to get thrown out. [read post]
23 Jun 2023, 1:49 pm
While rejecting the district court's conclusion that the evidence showed the attorneys had filed suit for an "improper purpose" under Rule 11(b)(1), the panel found ample basis for the district court's conclusion that the attorneys failed to fulfill their obligation to "engage in a reasonable prefiling inquiry to ensure that a pleading or motion is 'well grounded in fact[.]'" As the panel explained, "a court may sanction attorneys under Rule… [read post]
23 Jun 2023, 1:16 pm
Supreme Court held in a 5-4 decision that an appeal of the denial of a motion to compel arbitration automatically stays lower court proceedings pending the outcome of the appeal. [read post]
23 Jun 2023, 12:56 pm
Did the Trial Court Err by Denying the Motion to Add Indispensable Parties? [read post]
23 Jun 2023, 10:50 am
Strauss (Dissolution of marriage; postjudgment motion for contempt; motion to open and vacate contempt findings; motion to stay trial court proceedings); A. [read post]
23 Jun 2023, 10:26 am
"Whether appellants can prove an invasion of privacy 'sufficiently serious in … nature, scope, and actual or potential impact to constitute an egregious breach of the social norms underlying the privacy right' [citation] remains to be seen when the parties' evidence is produced on a motion for summary judgment or at trial. [read post]
23 Jun 2023, 10:00 am
Continue reading → The post Code of Civil Procedure (CCP) § 872.120 General Authority to Hear Motions and Make Orders and Decrees appeared first on California Partition Law Blog. [read post]
23 Jun 2023, 8:39 am
When a federal district court denies a motion to compel arbitration, the losing party has a statutory right to an interlocutory appeal. [read post]
