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28 Apr 2023, 1:03 pm
” The Difference Between a Consensus and a Binding Contract The trial court’s ruling on the plaintiffs’ motion to dismiss the counterclaims is useful in several regards; one being the moment when parties have a binding contract. [read post]
28 Apr 2023, 11:49 am
The defendant moved for acquittal, but his motion was denied. [read post]
28 Apr 2023, 11:37 am
This appeal concerns a denial of a motion to suppress statements as involuntary and, pertinent, whether the district court properly adopted the magistrate’s report part and parcel (including a key factual error and credibility determination) without conducting an independent de novo review. [read post]
28 Apr 2023, 11:00 am
In its June 22, 2020 opinion, the Court put the issue as follows: White Oak’s motion for partial summary judgment presents a narrow issue: whether courts may consider the damages actually sustained by a party as a result of a contract breach when deciding if liquidated damages required by a contract “grossly exceed” a party’s actual damages. [read post]
28 Apr 2023, 9:52 am
(Entry and detainer; motion to open judgment of nonsuit) [read post]
28 Apr 2023, 9:51 am
A federal judge rejected a motion from Google to toss out the government's antirust case against it. [read post]
28 Apr 2023, 9:10 am
Allegedly, the plaintiff objected to the defendant’s motion, averring that Texas’s tolling statute applied because the defendant driver was away at college following the accident, and therefore, her claim was timely. [read post]
28 Apr 2023, 8:55 am
(Workers' compensation; declaratory judgment; breach of contract; motion for summary judgment; motion to strike; whether trial court erred in granting plaintiff employer's motion for summary judgment on grounds that court improperly determined that defendant insurer's notice of cancellation of workers' compensation insurance policy was ineffective and that defendant breached its duty to defend or inde [read post]
28 Apr 2023, 7:48 am
State law holds that a motion to dismiss becomes a motion for summary judgment in this situation. [read post]
28 Apr 2023, 7:06 am
I haven't been able to find out whether that is possible, but in such an exceptional case I wouldn't be surprised if an emergency motion succeeded.The CMA could look at the appeal, recognize its errors like it did in the console foreclosure context, and settle, possibly based on slightly expanded remedies.Microsoft and ABK could work out an extension of the merger agreement. [read post]
28 Apr 2023, 7:03 am
The 2023 civil penalty adjustment is part of a periodic adjustment process set in motion by Congress to keep pace with inflation. [read post]
28 Apr 2023, 5:52 am
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendant Law Offices of Sheldon E. [read post]
28 Apr 2023, 5:46 am
Especially if lawyers anticipate a defense motion to dismiss, they realize that the complaint may be all that the trial judge or an appeals court sees.The Disney complaint provides detailed and overwhelming evidence that the legislature and governor of the Sunshine State abolished RCID and replaced it with a body stacked with DeSantis apparatchiks to punish Disney for having " 'cross[ed] the line' -- a line evidently separating permissible speech from intolerable speech. [read post]
28 Apr 2023, 5:01 am
.): 124 HCI Motion for Summary J.pdfDownload 184 DCT Order.pdfDownload Prior post here. [read post]
28 Apr 2023, 5:00 am
After that motion was denied, the AD2 reversed and granted that request. [read post]
28 Apr 2023, 4:00 am
The court granted their motion and dismissed the claim. [read post]
28 Apr 2023, 3:00 am
Fortunately, in these cases, courts also award retroactive support, going back to the time when the motion was filed, which can help ensure that parents don’t go into debt while trying to stay financially afloat during divorce. [read post]
28 Apr 2023, 2:01 am
Information about Facebook’s legal arguments regarding user privacy interests is available here, and you can find more details in the judge’s ruling denying Facebook’s motion for summary judgment. [read post]
27 Apr 2023, 11:00 pm
TENANT WAS RESPONSIBLE FOR SNOW & ICE REMOVALDuring the course of a snow and ice condition, F.S. slipped and was injured in his building’s driveway, and later filed a negligence case against the property’s owner in Nassau County Supreme Court.The problem with the lawsuit, however, was that the lease obligated F.S. to undertake snow and ice removal; particularly in the area where he allegedly fell.After a Nassau County justice declined to dismiss the lawsuit (in response to a… [read post]
27 Apr 2023, 8:23 pm
Today I'd like to focus on the oral argument on motions for a preliminary injunction that recently took place before a judge whose electrifying questions and comments exhibited superior knowledge about firearms. [read post]
