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16 Oct 2008, 11:25 am
You've got to read this order denying a Motion to Strike Microsoft's 4 minute late filing of a Motion for Summary Judgment.Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. [read post]
17 Jun 2011, 7:43 am
Tex. 6/14/11) Judge: Chad Everingham Holding: Motion To Strike Expert GRANTED IN PART Across the square, the Mondis v. [read post]
6 May 2010, 5:03 am
This post discusses the motion to stay and bifurcate. [read post]
9 Jul 2008, 10:51 am
God and Country blog reports that yesterday the Defense Department filed a motion to dismiss and a memorandum in support of the motion (full text) in Hall v. [read post]
11 Jan 2013, 4:49 am
The Board accordingly found that Grape had unduly delayed in filing its motion. [read post]
7 May 2014, 3:18 pm
Although the orthopedic doctor used a goniometer and tape measure to determine the woman’s range of motion of the cervical spine and shoulders, he compares his findings with the average ranges of joint motion rather than the normal ranges of motion. [read post]
20 Feb 2024, 12:58 pm
A Section 2-615 motion to dismiss and a Section 2-619 motion to dismiss under Illinois law are two distinct legal tools, each serving specific purposes. [read post]
8 Apr 2015, 7:52 am
.): 140-1 Plaintiffs Motion for Summary J 146-1 US Motion for Summary J 147-1 Intervenors Motion for Summary J 151 Plaintiffs Reply 155 US Reply 156 Intervenors Reply 166 DCT Order An excerpt: This case arises out of the proposed renewal of operations at the Canyon Mine in Northern Arizona. [read post]
7 May 2012, 12:45 am
Practice point: A motion for a temporary injunction opens the record and gives the court authority to pass upon the sufficiency of the underlying pleading.Student note: However, this power does not extend to an evaluation of conflicting evidence, and so the motion court may not, on its own initiative, convert a motion for a preliminary injunction into one for summary judgment without giving adequate notice to the parties and affording them an opportunity to lay bare their… [read post]
29 Nov 2011, 12:05 am
Practice point: To vacate a default in opposing defendant’s summary judgment motion, plaintiff is required to demonstrate a reasonable excuse for not opposing the motion and a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a][1].Student note: Plaintiff’s excuse of law office failure will be rejected if the record shows that the alleged mistake was not isolated, but rather part of a pattern of willful delay and default.Case: Thapt v. [read post]
24 Apr 2007, 9:38 am
Davis (approved for publication).Upon consideration of a motion by the plaintiff ("NaturaLawn") for a preliminary enjuction to enjoin the defendants ("West") from infringing NaturaLawn's trademark, disclosing or using NaturaLawn's trade secrets or competing against NaturaLawn, and West's motion to stay pending appeal, the judge GRANTED the requested preliminary injunction and DENIED the motion to stay. [read post]
13 Jun 2012, 11:40 am
Noonan -- The Federal Circuit today denied Defendant Myriad Genetics' motion, styled as "Appellant's Suggestion of Mootness, or, in the Alternative, Motion to Remand," seeking to reopen the question of whether Dr. [read post]
7 Oct 2011, 12:23 am
The motion will be taken as one for a declaration in the defendant's favor.Case: Tilcon v. [read post]
30 Jul 2013, 11:51 am
Wilson Redfearn recently considered plaintiff’s motion to compel a defendant’s response to its Interrogatories 1 and 10, which requested the following: -Interrogatory 1: Identify and describe in detail your expectations of sales and actual sales of the Relevant Products or Relevant Services and mobile devices. [read post]
11 Mar 2013, 4:00 pm
Andrews recently granted defendant’s motion to disqualify plaintiff’s lead counsel because “[the lead counsel] was serving as [defendant’s] opinion counsel at the time [plaintiff] filed” its patent infringement suit against defendant, and “thus creat[ed] an impermissible concurrent conflict of interest. [read post]
14 Aug 2009, 5:51 am
Defendant's motion to suppress that mentioned constitutional violations without saying how his rights were violated could be resolved without a hearing. [read post]
13 Jan 2013, 12:31 pm
Sleet recently granted defendants’ joint motion to transfer venue to the Northern District of California in this patent infringement action. [read post]
2 Dec 2013, 3:25 pm
Andrews granted defendants’ motion to preclude plaintiff’s assertion of willful infringement. [read post]
18 Feb 2013, 6:47 am
Sleet recently denied a motion to transfer a case to the District of Massachusetts, where one defendant maintained its headquarters and records, based on an analysis of the Third Circuit's Jumara factors. [read post]
3 Sep 2013, 9:18 am
Sleet granted defendant’s motion to transfer venue to the Eastern District of Michigan. [read post]
