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20 Apr 2023, 5:47 am by Amy Howe
” That end, Kavanaugh wrote, came when the Texas Court of Criminal Appeals denied Reed’s motion for rehearing on his request for DNA testing, making Reed’s federal lawsuit timely. [read post]
20 Apr 2023, 5:17 am by Russell Knight
To bring the mutual mistake to the divorce court’s attention, a proper motion to vacate the order must be filed. [read post]
20 Apr 2023, 4:30 am by Lawrence Solum
Georgia inadvertently set in motion the means to make this dramatic shift happen. [read post]
20 Apr 2023, 4:00 am by Berniard Law Firm
Then SFM and the inspector filed a motion to dismiss the complaint, which was granted, and the plaintiffs filed an appeal. [read post]
20 Apr 2023, 3:00 am by John Jenkins
Ch. 4/23), where Vice Chancellor Will granted a motion to terminate a derivative action based on the recommendation of a one-person special litigation committee, even in a situation where that committee’s process wasn’t pristine: To be sure, the committee was imperfect. [read post]
20 Apr 2023, 12:28 am by Florian Mueller
Cal.): Defendant Microsoft Corporation's Notice of Motion and Motion As the complaint has been modified, so has Microsoft's strategy for seeking dismissal. [read post]
19 Apr 2023, 11:00 pm
’s estate brought a wrongful death and medical malpractice case against the hospital defendants.After the Bronx County Supreme Court denied the defendants’ motion to have the case thrown out, they appealed to the Appellate Division, First Department, which was of the view the denial was wrongfully premised.The AD1 thought the medical evidence presented below sufficiently demonstrated that the defendants did not depart from “good and accepted [medical] practices” when… [read post]
19 Apr 2023, 9:01 pm by Neil H. Buchanan
Last week on Verdict, I wrote a column in which I debunked what has quickly become the dominant narrative about a recent controversy at Stanford Law School. [read post]
19 Apr 2023, 5:25 pm
Repetitive motion injuries – Repetitive motion injuries can affect many professions, yet construction workers are at greater risk than most other professions. [read post]
19 Apr 2023, 5:03 pm by Keith C. Owens and Michael R. Herz
In a case of first impression, the Bankruptcy Court denied the UST’s motion to dismiss, determining that although a cannabis company could not remain in bankruptcy if it was engaged in ongoing violations of the Controlled Substances Act (“CSA”), or it was foreseeable that a future bankruptcy trustee would have to violate the CSA, a former cannabis company could avail itself of bankruptcy protection to liquidate assets to pay creditors. [read post]
19 Apr 2023, 2:58 pm by Eugene Volokh
Bragg simultaneously filed a motion, brought on by an ex parte proposed order to show cause, seeking a temporary restraining order and a preliminary injunction (1) enjoining Jordan and the Committee from enforcing the subpoena served on Pomerantz and (2) enjoining Pomerantz from complying with the subpoena …. [read post]
19 Apr 2023, 2:47 pm by David T. Fischer and Sheela Ranganathan
Defense counsel, unsurprisingly, warned the Court that to permit inquiry into a defendant’s subjective intent where there is an objectively reasonable, lawful interpretation would lead to costly discovery, require defendants to waive the attorney-client privilege, and preclude resolving cases by dispositive motion, although the Court did not appear to be particularly concerned about this risk. [read post]
19 Apr 2023, 12:45 pm by Chip Merlin
Defendant relies on a strained interpretation of Orders addressing motions to transfer pursuant to a valid forum selection clause contained in surplus lines insurance policies. [read post]
19 Apr 2023, 12:18 pm by Mark Ashton
The mother presented no evidence that the child has been exposed to, or would even understand, the speech that gave rise to the underlying motion for contempt. [read post]
19 Apr 2023, 10:43 am by Whitney Hodges and Allison Wong
After the City Council’s most recent failure to approve on April 4, 2023, the City made no further attempts to adopt a compliant 6th Cycle, directly resulting in the State’s decision to file the Motion to Amend. [read post]
19 Apr 2023, 8:28 am by Lauren Wimmer
If you filed a post-sentence motion after you were sentenced, you have to appeal a criminal conviction to the Superior Court of Pennsylvania within 30 days from the date your post-sentence motion is denied. [read post]
19 Apr 2023, 8:03 am
Well, depending on the circumstances of your case, you may be able to file a motion to the court to modify custody or visitation. [read post]