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15 May 2023, 11:04 am
When your client asks you “what are the odds my Robertson County personal injury case will go to trial” you can say that, on average over 98% of closed cases are resolved (through voluntary dismissal, dismissal on motion, or settlement) before a jury verdict or judgment is announced. [read post]
15 May 2023, 10:47 am
The Defendant’s time to answer the Complaint has been extended by motion to May 22, 2023. [read post]
15 May 2023, 9:28 am
The trial court issued an order granting the defendants’ motions to preclude foreign law. [read post]
15 May 2023, 8:09 am
Combs filed a motion to dismiss the indictment arguing that 18 U.S.C. [read post]
15 May 2023, 8:00 am
A case was later filed in the Rockland County Supreme Court to enforce the default judgment, (by motion for summary judgment in lieu of a complaint), which was only served upon one of the defendants – V.W. -- and that individual failed to oppose the application.Because the plaintiff failed to serve all three defendants, the Rockland County judge denied the motion. [read post]
15 May 2023, 8:00 am
Constitution is so badly designed that we are experiencing a Type Two crisis in slow motion. [read post]
15 May 2023, 8:00 am
A case was later filed in the Rockland County Supreme Court to enforce the default judgment, (by motion for summary judgment in lieu of a complaint), which was only served upon one of the defendants – V.W. -- and that individual failed to oppose the application.Because the plaintiff failed to serve all three defendants, the Rockland County judge denied the motion. [read post]
15 May 2023, 7:11 am
However, since it affected jointly held property (the couple’s house), she reasoned that it could be “avoided” (that is, eliminated) by filing a simple motion in the case once it was re-opened. [read post]
15 May 2023, 5:00 am
And the Appellate Term, First Department, noted that such motions should “rarely, if ever, be entertained in Small Claims Court. [read post]
15 May 2023, 4:26 am
The Supreme Court granted the defendants’ motion, and entered a judgment dismissing [*2]the complaint. [read post]
15 May 2023, 3:30 am
For example, lawyers often are reluctant to file certain kinds of motions that seem sensible, and judges often are reluctant to grant certain kinds of motions that seem compelling. [read post]
15 May 2023, 1:53 am
Canada On 9 May 2023, the plaintiff’s motion for a Norwich order was dismissed by Morgan J in the case of Jacobs v. [read post]
15 May 2023, 12:00 am
The Court likewise affirmed the motion judge’s decision to bar High Performance from claiming unjust enrichment. [read post]
14 May 2023, 11:00 pm
After a Queens County Supreme Court justice awarded 60% of the money to “P,” and 40% to "B," both counsel appealed to the Appellate Division, Second Department.Apparently, the “P” firm “handled the case on behalf of [Andrzej] for more than two years and performed work that included, inter alia, filing and serving the summons and complaint, conducting depositions, attending court conferences, and engaging in motion practice,” while the… [read post]
14 May 2023, 9:01 pm
(“Limelight” or the “Company”) and its 35% stockholder were defensive measures that, at least for purposes of ruling on a motion to dismiss, it was reasonable to infer were implemented in order entrench Limelight’s directors against a perceived threat of shareholder activism. [read post]
14 May 2023, 9:01 pm
“Pretrial disclosure gives the opposing party an adequate opportunity to raise objections by motion in limine and to prepare for cross-examination and rebuttal. [read post]
14 May 2023, 7:11 pm
The appeals court did note, however, that the trial court’s findings of fact and conclusions of law were insufficient and stated it would grant remand for entry of sufficient findings of fact and conclusions of law if the juvenile sought it in a motion for reconsideration. [read post]
14 May 2023, 2:14 pm
So I urge district judges again -- it's okay to grant motions to dismiss and Rule 29s! [read post]
14 May 2023, 6:01 am
The May 10, 2023, Ruling In a May 10, 2023, bench ruling during a telephonic hearing, Vice Chancellor Laster denied the defendants’ motions to dismiss the two fiduciary duty claims and also denied the motion to dismiss the insider trading ruling as to Zuckerberg, but granted the motion with respect to the insider trading allegations against seven other directors. [read post]
14 May 2023, 6:00 am
Introduction Causation is one of the basic conceptual tools of legal analysis. [read post]