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25 Apr 2023, 10:40 am
The bottom line: [D]efendants' motion for summary judgment … is granted as to NuStar plaintiffs' claim of defamation (Count I), granted as to NuStar plaintiffs' claim of defamation by implication (Count II), and granted as to Nunes' claim of defamation by implication (Count I). [read post]
25 Apr 2023, 9:57 am
The plaintiff filed a motion for conditional certification the day after the defendants filed their answer to the complaint. [read post]
25 Apr 2023, 9:00 am
These can include motions to dismiss the case, motions for summary judgment, or motions to exclude evidence. [read post]
25 Apr 2023, 8:00 am
And because that request was denied by the Bronx County Supreme Court an appeal followed.Upon its review, the Appellate Division, First Department, thought that the landlord’s motion should have been granted because all S&H received under the new lease was “rent,” and that the owner thus wasn’t “unjustly enriched” at B.R. [read post]
25 Apr 2023, 5:31 am
The August coup set in motion a cascade of events that culminated in the Soviet Union’s demise, with the question of Ukraine’s future squarely at the center of the drama. [read post]
25 Apr 2023, 5:16 am
The wave of incidents targeting the judicial system in Brazil since 2020, for example, rapidly set in motion the development of a cybersecurity committee specifically for the judiciary and policies dedicated to managing and responding to future events within that sector. [read post]
25 Apr 2023, 5:00 am
[Non-Precedential], the court affirmed in part and reversed in part relative to post-trial motions filed in a medical malpractice case after a verdict was entered in favor of a Plaintiff. [read post]
25 Apr 2023, 2:00 am
Filing a complaint then triggers an obligation on the part of the employer to respond with its legal “answer” or “motion to dismiss. [read post]
24 Apr 2023, 9:05 pm
MOTION 2255After holding hearings, U.S. [read post]
24 Apr 2023, 8:30 pm
(a)-(d)); to exercise prosecutorial discretion in alleging and moving to dismiss under section 1385 prior strikes and sentence enhancements on a case-by-case basis; to continue to prosecute alleged strikes and sentence enhancements after a court denies a motion to dismiss under section 1385; and to prosecute certain special circumstances allegations. [read post]
24 Apr 2023, 6:47 pm
[snipped] Complaint & Court Filings: Defamation Suit Against FOX News & FOX Corporation Apr 18, 2023 – Dominion and Fox Settle Defamation Lawsuit – Press Conference Mar 31, 2023 – Judge’s Decision on Summary Judgment (PDF) Mar 21, 2023 – Dominion Summary Judgment Hearing Slides (PDF) Mar 8, 2023 – Dominion Summary Judgment Reply Brief (PDF) Feb 27, 2023 – Dominion Opposition Brief to Fox Opening for Summary Judgment (PDF) – Accompanying… [read post]
24 Apr 2023, 6:41 pm
., Communication Systems West, a Utah-based manufacturer of communications equipment for military systems, has agreed to pay $21.8 million to resolve allegations that it violated the False Claims Act by knowingly submitting and causing the submission of false claims to the Department of Defense by including in contract proposals the cost of certain parts twice, the Department of Justice announced today.From approximately 2008 to 2011, L3 submitted, and the Department of Defense accepted,… [read post]
24 Apr 2023, 6:28 pm
At a high level, the case concerned whether an issue raised in a summary judgment motion was preserved for appeal. [read post]
24 Apr 2023, 3:34 pm
Accordingly, the district court denied the motion to exclude. [read post]
24 Apr 2023, 3:12 pm
The trucking company and its manager filed a motion to dismiss. [read post]
24 Apr 2023, 12:58 pm
Conclusion: The motion to exclude the expert witness testimony of Shelby Dubato is granted. [read post]
24 Apr 2023, 12:50 pm
The individual-capacity claims against Vullo, which were the subject of the Second Circuit's decision, withstood two motions to dismiss. [read post]
24 Apr 2023, 12:00 pm
Northwestern University Pritzker School of Law professor Bernard Black was ordered to pay attorney fees after the judge stated the case was “the definition of vexatious and wasteful” after Black attempted to remove a motion filed in Colorado probate court... [read post]
24 Apr 2023, 11:21 am
Job Killer Bills The job killer bills scheduled for consideration this week are: SB 365 (Wiener; D-San Francisco): Discriminates against use of arbitration agreements by requiring trial courts to continue trial proceedings during any appeal regarding the denial of a motion to compel, undermining arbitration and divesting courts of their inherent right to stay proceedings.SB 399 (Wahab; D-Hayward): Chills employer speech regarding religious and political matters, including… [read post]
24 Apr 2023, 11:15 am
Wrongful death is a tragedy that occurs when someone dies because of someone else’s negligence or intentional actions. [read post]