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11 Jun 2016, 8:49 am
The court denies the dismissal motion because “CFAA liability may exist in certain situations where a party’s authorization to access electronic data—including publicly accessible electronic data—has been affirmatively rescinded or revoked. [read post]
24 Feb 2014, 2:26 pm
Judge Pohl asks the defense to file a new pleading by March 7 on the issue of membership in al Qaeda as a basis for jurisdiction, provides the prosecution with two weeks from that date to respond, and moves on to the next motion. [read post]
6 Jul 2011, 10:34 am
Yesterday Judge Davis issued a written opinion reflecting his oral ruling from the bench during trial granting CWC's motion to strike HMA's new noninfringement theory, and it makes interesting reading. [read post]
19 Jan 2011, 3:35 pm
The district judge granted the motion, finding that the lineup was conducted without counsel for West. [read post]
3 Oct 2014, 10:35 am
In analyzing the relator’s qui tam complaint, the judge determined that four of the six counts survived UChicago Argonne’s motion to dismiss. [read post]
3 Jun 2011, 10:02 am
Gonzalez granted Gillette’s motion to dismiss all of the claims in the lawsuit. [read post]
27 Jan 2009, 6:30 am
"A motion to amend is generally considered a nondispositive pretrial motion, subject to Rule 72(a) standard of review. [read post]
8 Jul 2015, 6:48 am
The court denied defendant's motion for leave to file a motion to reconsider an earlier decision denying defendant's motion for summary judgment of indefiniteness in light of a recent Federal Circuit decision. [read post]
5 Aug 2024, 11:00 pm
And when that deadline was missed, by Order dated May 19, 2022, the bar was given 20 more days to answer those demands, failing which P would be “precluded from offering evidence, testifying at trial, or submitting an affidavit in response to any dispositive motion, upon further motion for same, pursuant to CPLR 3126(2). [read post]
15 Aug 2013, 11:06 am
On Monday, the Unsecured Creditors' Committee (representing abuse victims) filed a Motion to Vacate the Judgment and a Memorandum in Support of the Motion, as well as a Motion to require Judge Randa to recuse himself and a Memorandum in Support of the Motion. [read post]
2 Jun 2023, 8:00 am
When a medical malpractice case was dismissed on default, the attorneys later moved to have that outcome modified.While a “motion to renew,” rather than a motion to “vacate the default” was made, the Westchester County Supreme Court treated it as a proper application, yet still denied the requested relief.On appeal, the Appellate Division, Second Department, noted that when a party is making this type of motion it’s required to… [read post]
25 Nov 2013, 8:19 am
Munoz ("The plaintiff...appeals from the judgment of the trial court denying her motion for counsel fees and other costs incurred as the result of the emergency ex parte motion for sole legal and physical custody of the parties’ minor children filed by her former husband, the defendant.... [read post]
14 Aug 2018, 10:01 pm
Pauley, III granted in part and denied in part the defendants’ motion for sanctions, ruling to dismiss the case against the defendants, but denying the motion for sanctions against the plaintiff’s counsel and denying the motion for reimbursement of attorney’s fees, stating “an award of attorney’s fees ‘would be a hollow victory … as it would likely be...Read the whole entry... [read post]
3 Feb 2013, 3:00 pm
The order denied the plaintiff’s motion for summary judgment. [read post]
27 May 2016, 3:36 pm
The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending appeal and should not be construed in any way as a ruling on the motion. [read post]
3 Feb 2013, 3:00 pm
The order denied the plaintiff’s motion for summary judgment. [read post]
24 Sep 2013, 11:30 am
Can't do it.Mind you, as the Ninth Circuit held, the motion for summary judgment here had merit. [read post]
21 Sep 2023, 2:45 pm
The judges asserted that the motions do not qualify for appeal at the Ninth Circuit before final judgment at the trial court. [read post]
23 Mar 2015, 7:12 am
To view a Motion Success Report showing the outcomes of these motions since 2008, click here. [read post]
28 Jun 2017, 7:24 am
Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017), the court granted defendants' motion to modify their pending motion to dismiss under Rule 12(b)(6) to add a ground of improper venue and found there was no waiver by failing to raise the issue in their original motion. [read post]
