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22 Apr 2023, 11:38 am by Michael Heise
This finding differs from Twombly and Iqbal where an antitrust decision ultimately reshaped the entire body of law around motions to dismiss. [read post]
22 Apr 2023, 8:28 am by Andrew Delaney
The trial court denied defendants’ motion but allowed the defense to file an interlocutory appeal.Here’s  where it gets a little strange. [read post]
22 Apr 2023, 6:59 am by Mark S. Humphreys
  Lawrence then filed this motion to remand claiming that Achala had not been improperly joined. [read post]
22 Apr 2023, 6:00 am by Public Employment Law Press
.), entered March 17, 2022, which granted defendant New York State Insurance Fund's (NYSIF) motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. [read post]
22 Apr 2023, 6:00 am by Public Employment Law Press
.), entered March 17, 2022, which granted defendant New York State Insurance Fund's (NYSIF) motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. [read post]
21 Apr 2023, 4:44 pm by McKennon Law Group
In response to a motion to dismiss such claims, the Sixth Circuit Court of Appeals recently found that the beneficiary’s claim against the employer should not be dismissed in Bailey v. [read post]
21 Apr 2023, 4:25 pm by Arfaa Law Group
The Discovery Rule in Medical Malpractice Cases The court granted the motion in part and denied it in part. [read post]
21 Apr 2023, 3:10 pm by Parks, Chesin & Walbert
When it comes to determining compliance with the Fair Labor Standards Act’s minimum wage and overtime compensation requirements, it’s essential to understand that not all workers receive pay 100% in the form of cash. [read post]
21 Apr 2023, 11:48 am by Reference Staff
The threat of the virus set into motion many emergency orders and responses on the local, state, and federal levels and caused disruption to daily life across the country and the globe.The federal public health emergency is set to expire on May 11. [read post]
21 Apr 2023, 10:38 am by Matthew L.M. Fletcher
.): 10-1 California Motion to Dismiss.pdfDownload 25 Rancheria Motion for Summary.pdfDownload 31 California Reply.pdfDownload 32 Rancheria Reply.pdfDownload 38 DCT Order.pdfDownload Prior post with complaint here. [read post]
21 Apr 2023, 10:19 am by Richard Hunt
This defendant won on a Motion to Dismiss that was treated like a Motion for Summary Judgment, but only because the plaintiff’s lawyers made a mistake. [read post]
21 Apr 2023, 9:47 am by Lee E. Berlik
In denying Mazzei’s motion for summary judgment, the court relied on the following facts it found were established by the record. [read post]
21 Apr 2023, 8:40 am by Arianna Morseau
The duties performed require the individual to exercise considerable independent judgement in managing the docket, ruling on motions and adjudicatory cases, conduct hearings, and decide cases in a fair and impartial manner to the end that justice may be administered and law order maintained. [read post]
21 Apr 2023, 8:40 am
(Dissolution of marriage; Postdissolution motion to relocate; Subject matter jurisdiction). [read post]
21 Apr 2023, 6:31 am by Second Circuit Civil Rights Blog
After Reed was sentenced to death, he filed a motion in state court under the Texas DNA testing law. [read post]
21 Apr 2023, 5:00 am
.), the court denied the Defendants’ Motions for Summary Judgment in a slip and fall case involving black ice. [read post]
21 Apr 2023, 4:30 am by Eric B. Meyer
So, the court could not assess the nature of the hardship and denied the motion to dismiss. [read post]