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3 Apr 2023, 5:45 pm
Virtual/Zoom will continue for all case management, pretrial and status conferences, emergency motions on short notice, and certain non-evidentiary hearings. [read post]
3 Apr 2023, 5:09 pm
Accordingly, the court denied the City’s Motion for Summary Judgment. [read post]
3 Apr 2023, 2:27 pm
In a 2020 survey, 84% of litigators said that drafting motions and briefs from legal research is one of their most time-consuming tasks. [read post]
3 Apr 2023, 11:40 am
The defendant filed a motion to exclude this expert from testifying. [read post]
3 Apr 2023, 11:28 am
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. [read post]
3 Apr 2023, 10:38 am
(Importantly, the MultiPlan case settled for $33.75 million after the denial of the motion to dismiss.) [read post]
3 Apr 2023, 10:03 am
Walmart’s arguments that prescription-strength patches are not proper comparators and that plaintiffs used erroneous calculations couldn’t be resolved on a motion to dismiss. [read post]
3 Apr 2023, 10:01 am
Lobbying is defined as “any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution or the outcome of a decision on any matter before council, a committee of council, or a staff member acting under delegated authority. [read post]
3 Apr 2023, 6:43 am
Thus, it is easier for the defendant to win on a motion to dismiss under this test. [read post]
3 Apr 2023, 6:18 am
The court concluded that as alleged, the plaintiff did not provide the factual support that would raise a reasonable inference of a group to survive a motion to dismiss. [read post]
3 Apr 2023, 6:18 am
Criminal procedure — Motion to suppress evidence — Search subsequent to arrest Appellant, Jermaine Sharp, was charged in the District Court of Maryland for Cecil County with possession of a controlled dangerous substance (PCP), possession of marijuana, possession of paraphernalia, as well as numerous traffic offenses related to a two-vehicle accident in North East, Maryland. ... [read post]
3 Apr 2023, 6:10 am
Criminal procedure — Motion to admit evidence — Prior handwritten statement In September 2017, in the Circuit Court for Prince George’s County, a jury found Appellant, Deion Furr, guilty of armed robbery, robbery, theft, and conspiracy. [read post]
3 Apr 2023, 5:30 am
Swiss filed a motion to exclude attorney fees based on the assertion that Gilbane had not complied with Section 542.003(a) of the Texas Insurance Code, in that the presuit notice requirement had not been satisfied as required by that statute. [read post]
3 Apr 2023, 4:53 am
The Litigation and Summary Judgment Motions After closing the deal, David sued Ray on behalf of M & W and Plattsburgh Taco based solely upon Ray’s financial dissemination alleging in his second amended complaint claims for breach of fiduciary duty, faithless servant, and accounting, among others. [read post]
3 Apr 2023, 4:23 am
Precedential No. 3: Rejecting Motion to Expand Identification of Goods, TTAB Sustains EN-D-FENDER Opposition for Nonuse TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? [read post]
3 Apr 2023, 4:11 am
We will clear the warrants and then do arraignments in turn and then go to the motions before I call the trial calendar. [read post]
2 Apr 2023, 11:52 pm
This is a follow-up to the following three posts: European Commission departs from best practices in hasty preparation of standard-essential patent policy proposal that is fundamentally flawed and unbalancedTable of contents and synopsis of European Commission's draft proposal for standard-essential patent regulation (I've already found some typos--as expected--and may upload a corrected version at some point)Proposed EU SEP regulation will also harm net licensees: implementers of… [read post]
2 Apr 2023, 5:07 pm
As to count two, the County filed a motion for summary judgment and Lake Lincoln filed a motion for partial summary judgment as to liability. [read post]
2 Apr 2023, 4:50 pm
The court’s ruling on the motion last week was much more damning than Dominion’s … Continue reading Fox’s Sizzling Bazookas → [read post]
2 Apr 2023, 1:59 pm
Properly drafted environmental marketing claims can withstand a challenge as was made evident last year when the DC Superior Court granted Coca Cola Company’s motion to dismiss in an executional greenwashing case brought by the Earth Island Institute that alleged the company, “portrays itself as ‘sustainable’ and committed to reducing plastic pollution while polluting more than any other beverage company .. [read post]