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10 Mar 2023, 6:43 pm
" I don't know if that speaks to a trustee motion or a motion under 327(d) to end the retention of debtor's counsel. [read post]
10 Mar 2023, 3:40 pm
By Avery Schmitz According to the opinion, the geofence warrant has provided the Department of Justice with data on just over 5,700 devices. [read post]
10 Mar 2023, 2:44 pm
The court provides the defendant a certain amount of time in which to formally respond in the form of a motion or answer that denies liability. [read post]
10 Mar 2023, 10:38 am
If the Court applied a mere "foreseeability" concept such as what Brauner advocates for in his reply suggestions to his summary judgment motion, all manner of injuries would become covered injuries despite having no real relationship between the use of an auto as an auto. [read post]
10 Mar 2023, 10:00 am
Trump brought forward a motion to dismiss the tapes, which include comments he made about sexually assaulting women, as evidence. [read post]
10 Mar 2023, 9:35 am
South Lake moved to dismiss the complaint, and following a hearing on the motion, the plaintiff was given leave by the court to file an amended complaint. [read post]
10 Mar 2023, 8:43 am
Quinnipiac University(Negligence; mootness; motion to dismiss; whether plaintiff's action could be saved by applicable statutes (§§ 52-592 and 52-593); whether, because plaintiff did not challenge on appeal every independent basis on which trial court relied in granting defendants' motions to dismiss, plaintiff's appeal was moot). [read post]
10 Mar 2023, 8:23 am
Both copyright and false advertising claims (based on Sports Mall’s disparagement of eBay sellers as unreliable) survived a motion to dismiss, but the false advertising claim can’t make it past summary judgment, while Krikor received partial summary judgment on the copyright claim. [read post]
10 Mar 2023, 7:25 am
Now, a string of lawsuits and in-the-works state referendums… Continue reading The post “No Rest Between Censuses for Congressional Mapmakers; What used to be a once-a-decade redistricting fight between political parties is now in perpetual motion, and up to 29 seats in 14 states are already at risk of being redrawn. [read post]
10 Mar 2023, 7:08 am
In May 2021, the district court had granted the company’s motion for summary judgment, finding that it satisfied the strict California ABC test for independent contractor status. [read post]
10 Mar 2023, 6:38 am
The parties will address this in future motion practice. [read post]
10 Mar 2023, 6:30 am
For the Balkinization symposium on Joanna Schwartz, Shielded: How the Police Became Untouchable (Viking, 2023).Joanna SchwartzI am honored and thrilled that such a tremendous group of scholars commented on my book, Shielded: How the Police Became Untouchable, for the Balkinization Blog—I am indebted to Jack Balkin for hosting the wonderful symposium. [read post]
10 Mar 2023, 6:03 am
” Plaintiff responded that the documents were protected from discovery, but the trial court ultimately granted the motion to compel, which was affirmed (but modified) on appeal. [read post]
10 Mar 2023, 5:36 am
These factors militate towards denying Defendant’s motion. [read post]
10 Mar 2023, 5:16 am
Rhine challenged his culpability and filed a motion to transfer venue, a motion for expanded voir dire, several motions to dismiss the charged counts, and a motion to suppress evidence obtained from the warrant because, according to Rhine, the geofence warrant was unconstitutional. [read post]
10 Mar 2023, 4:00 am
Judge Medley previously also ruled for recall organizers in rejecting a motion to dismiss and barring election officials from questioning recall organizer Eileen Carter on the number of signatures that the organizers collected. [read post]
10 Mar 2023, 4:00 am
Only a statement claiming that TST covered up sexual abuse survived the motion to dismiss. [read post]
10 Mar 2023, 2:00 am
In addition, motions to expedite proceedings continue to grow, with nearly 1/3rd […] [read post]
9 Mar 2023, 8:54 pm
The U.S. attorneys filed a motion to seal the affidavit in support of the search warrants (which was granted) because “there is reason to believe that disclosure of the information in these documents would seriously jeopardize the investigation including by giving targets the opportunity to destroy or tamper with evidence, change patterns of behavior, flee from prosecution, intimidate cooperating and potential witnesses, and endanger the safety of law enforcement and other… [read post]
9 Mar 2023, 7:22 pm
Pepper-Jackson filed a motion to stay the dissolution pending appeal. [read post]
