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10 May 2023, 3:43 am
Attorney advertising Similar Blog Posts: Florida TCPA Action Survives Motion to Dismiss Are FTSA Lawsuits Here to Stay? [read post]
9 May 2023, 2:59 pm
Trump filed a motion to dismiss, which was rejected in January 2023. [read post]
9 May 2023, 1:40 pm
Pre-trial motions: Both parties may file motions before the trial to resolve certain issues, such as a motion for summary judgment, which asks the court to rule in one party’s favor based on undisputed facts. [read post]
9 May 2023, 1:40 pm
” Joseph filed a Motion for Summary Judgment, requiring the trial court, on a pre-trial motion, to determine whether the evidence submitted by the parties, together with all legitimate inferences favoring the non-moving party, would require a decision of the issue in the context of a trial. [read post]
9 May 2023, 12:52 pm
Now, in his motion to dismiss, Bankman-Fried has requested an oral argument to "fight these baseless charges" and "clear his name. [read post]
9 May 2023, 11:02 am
When your client asks you “what are the odds my Sullivan County personal injury case will go to trial” you can say that, on average 98-99% of filed cases are resolved (through voluntary dismissal, dismissal on motion, or settlement) before a jury verdict or judgment is announced. [read post]
9 May 2023, 9:51 am
The defendants filed motions to dismiss. [read post]
9 May 2023, 7:46 am
The motion was denied, but Nestler appealed the denial of his motion and the Virginia Court of Appeals reversed, finding that the trial court abused its discretion in denying the motion and holding that Scarabelli and his attorney must both be sanctioned for pursuing a defamation claim they knew to be baseless. [read post]
9 May 2023, 7:23 am
LEXIS 288, the Court of Chancery denied plaintiff’s motion for a preliminary injunction to enforce a Non-Compete against a former employer (in part) because the restrictive covenant was overbroad with respect to plaintiff’s legitimate business interests and consequently unreasonable. [read post]
9 May 2023, 6:55 am
.) -- in cases concerning communications of seven agency officials regarding indictment of state judge and court officer for obstruction of justice, (1) denying agency’s renewed motion for summary judgment because it was prematurely filed and did not comport with local rules; and (2) ordering agency to provide additional information concerning its search for text messages on government-issued telephones. [read post]
9 May 2023, 6:29 am
Your attorney may draft and file a motion of non-compliance, asking the court to hold the ex-husband accountable for violating the parenting plan. [read post]
9 May 2023, 6:21 am
Early motion practice makes clear that ICC’s defense of copyright fair use will be front-and-center in those motions. [read post]
9 May 2023, 4:00 am
FCA US LLC filed a motion for summary judgment in response to these claims, arguing three points to undermine Dortch’s allegations. [read post]
8 May 2023, 11:43 pm
At the beginning of the oral proceedings before the Board, the Chairman addressed this issue and the appellant made no further arguments in this regard.1.3 According to Article 15a(1) RPBA 2020, the Board may decide to hold oral proceedings by videoconference if the Board considers it appropriate to do so, either upon request by a party or of its own motion.1.4 From the expression "if the board considers it appropriate", it is evident that the Board has discretion to decide… [read post]
8 May 2023, 11:00 pm
After the Kings County Civil Court denied the parties' respective motions -- via summary judgment -- for a pre-trial determination in their favor, an appeal to the Appellate Term, Second Department, ensued.The problem with this “succession” claim was that, for the two-year period preceding her grandmother’s demise, GM failed to live in the apartment contemporaneously and continuously -- with the AT2 attributing those gaps to GM securing medical treatment… [read post]
8 May 2023, 9:01 pm
The court denied the motion to dismiss. [read post]
8 May 2023, 1:54 pm
He filed a motion in the Tax Court to disqualify the Tax Court judges on separation-of-powers grounds. [read post]
8 May 2023, 11:23 am
He later filed a motion to dismiss for lack of proper service. [read post]
8 May 2023, 10:49 am
Yes, there is, but it will cost insurers and plan sponsors defense dollars in the short term, and I am stealing it from the approach taken for many years by a major medical malpractice carrier in Massachusetts: don’t settle and instead try all cases to conclusion (assuming no resolution at the motion stage). [read post]
8 May 2023, 9:00 am
It is self-evident that a district court does not abuse its discretion by not conducting a post-dismissal inequitable conduct proceeding, in aid of resolution of a § 285 motion, when the moving party explicitly disclaims any desire for such a proceeding. [read post]
