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10 Apr 2023, 8:19 am
The court denied New Mexico’s motion to intervene, however, stating: It should be obvious to the New Mexico Attorney General that a private class action settlement cannot prevent a state from pursuing a lawsuit against the defendant based on the same conduct to vindicate its police powers (for example, to impose penalties or obtain junctive relief). [read post]
10 Apr 2023, 7:13 am
After discovery, both Kluge and the school brought motions for summary judgment related to the remaining claims. [read post]
10 Apr 2023, 7:01 am
This kind of immunity dooms many civil rights lawsuits because there is not always a case like yours that will repel a motion to dismiss. [read post]
10 Apr 2023, 6:09 am
.): YK First Amended Complaint FINAL 034-Defendants’ Brief in Support of Motion to Dismiss Plaintiffs’ First Amended Complaint 038-Brief in Opposition to MTD FINAL 039-Ds’ Joint Reply in Support of MTD The district court denied the motion in court. [read post]
10 Apr 2023, 5:09 am
In DENYING the Ewalds' motion and GRANTING Erie's cross motion for summary judgment, Supreme Court held that Erie "has shown that the loss clearly is excluded elsewhere as it was unequivocally caused by plumbing techniques not used in construction projects, specifically the PVC cement used to connect the PEX tubing and PVC adapters/elbows. [read post]
10 Apr 2023, 4:42 am
Defendant filed a motion to dismiss. [read post]
10 Apr 2023, 4:00 am
The store responded by successfully filing a motion for summary judgment in the trial court. [read post]
10 Apr 2023, 4:00 am
"Well, sure, the plaintiffs allege that such "adverse events can overwhelm the medical system," but Judge Kacsmaryk was not resolving a defense motion to dismiss the complaint, with respect to which he would need to accept the plaintiffs' allegations as true; he was deciding a preliminary injunction motion by the plaintiffs, who had the burden of establishing a likelihood of success on the merits. [read post]
10 Apr 2023, 3:00 am
In the recent case of Parente v Parente, the wife brought a motion to Ontario requesting advance costs (interim disbursements) and an advance on equalization. [read post]
9 Apr 2023, 11:00 pm
., the tenant submitted the application to the court on the last possible day, but because the assigned justice was preoccupied with other matters, and lacked “sufficient time,” she was unable to hear oral argument on the motion until the very next day; at which point everyone returned, and an injunction was granted.Claiming that the equitable relief was untimely procured, and not properly entertained, (given that the default notice had expired by the time the order was signed… [read post]
9 Apr 2023, 8:25 pm
There, two brothers again appealed the denial of their motions for sentence reductions under the First Step Act. [read post]
9 Apr 2023, 7:36 pm
The defense team filed a motion for a new trial, citing juror misconduct, but the motion was ultimately denied.Example 2: The Enron CaseIn the high-profile trial of Enron’s top executives, juror misconduct allegations arose when a juror was accused of conducting independent research on the case. [read post]
9 Apr 2023, 11:21 am
Just recently we saw a DeSantis appointed under 40 circuit judge grant a motion to suppress. [read post]
9 Apr 2023, 10:07 am
They can represent the distressed homeowner in court, file legal motions, and negotiate with the lender to try to find a resolution that is in the investor and homeowners’ best interests. [read post]
9 Apr 2023, 9:41 am
” In response to the complaint, the department filed a motion to dismiss arguing that the plaintiffs failed to allege any violations under the Hawai’i Constitution. [read post]
9 Apr 2023, 9:23 am
If this motion is granted, there will technically not be a Camp Lejuene class action lawsuit. [read post]
9 Apr 2023, 4:00 am
Following the submission of Tate’s lawsuit, Ochsner filed a motion for the Tates to post a bond for all the costs of the medical review panel. [read post]
9 Apr 2023, 4:00 am
Progressive filed a motion with the court seeking dismissal of the case, asserting that Rafels rejected uninsured/underinsured motorist coverage (UM coverage). [read post]
8 Apr 2023, 10:53 am
The trial court denied the defendant’s motion, ruling that under the collective knowledge doctrine, the arresting officer could be imputed with all of the cumulative knowledge of any law enforcement personnel involved in the investigation, and with that knowledge, reasonable suspicion could be demonstrated. [read post]
8 Apr 2023, 8:50 am
Jumio’s motion to dismiss also goes nowhere: Retention Policy. [read post]
